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Re: [IP] Diabetes covered by the ADA?
>Someone posted here that diabetes was "specifically mentioned" in the
>ADA. I looked up the full text of the ADA online and couldn't find any
>mention of diabetes. I did, however, find articles about a 1999 >Supreme
>Court decision which would imply that diabetes is NOT covered > (I'll post
>the text below).. Of course, this was from 3 years ago, >so maybe the law
>has since been changed. Could someone provide a >citation as to where in
>the ADA diabetes is mentioned?
I'm cutting and pasting the information I found on the Department of Justice
website. (Emphasis, marked by ** is mine.)
Sec 3. DEFINITIONS
(2) Disability.--The term "disability" means, with respect to an
(A) a physical or mental impairment that substantially limits
or more of the major life activities of such individual;
(B) a record of such an impairment; or
(C) **being regarded as having such an impairment**.
Nondiscrimination on the Basis of Disability in State and Local Government
The term "disability" means, with respect to an individual -
(A) A physical or mental impairment that substantially limits one or more of
the major life activities of such individual;
(B) A record of such an impairment; or
(C) Being regarded as having such an impairment.
If an individual meets any one of these three tests, he
or she is considered to be an individual with a disability for purposes of
coverage under the Americans with Disabilities Act.
Congress adopted this same basic definition of "disability," first used in
the Rehabilitation Act of 1973 and in the Fair Housing Amendments Act of
1988, for a number of reasons. First, it has worked well since it was
adopted in 1974. Second, it would not be possible to guarantee
comprehensiveness by providing a list of specific disabilities, especially
because new disorders may be recognized in the future, as they have since
the definition was first established in 1974.
Test A -- A physical or mental impairment that substantially limits one or
more of the major life activities of such individual
Physical or mental impairment. Under the first test, an individual must have
a physical or mental impairment. As explained in paragraph (1)(i) of the
definition, "impairment" means any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special sense organs
(which would include speech organs that are not respiratory such as vocal
cords, soft palate, tongue, etc.); respiratory, including speech organs;
cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic;
skin; and **endocrine**.
It also means any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. This list closely tracks the one used in the
regulations for section 504 of the Rehabilitation Act of 1973 (see, e.g., 45
Many commenters asked that "traumatic brain injury" be added to the list in
paragraph (1)(i). Traumatic brain injury is already included because it is a
physiological condition affecting one of the listed body systems, i.e.,
"neurological." Therefore, it was unnecessary to add the term to the
regulation, which only provides representative examples of physiological
It is not possible to include a list of all the specific conditions,
contagious and noncontagious diseases, or infections that would constitute
physical or mental impairments because of the difficulty of ensuring the
comprehensiveness of such a list, particularly in light of the fact that
other conditions or disorders may be identified in the future. However, the
list of examples in paragraph (1)(ii) of the definition includes:
orthopedic, visual, speech and hearing impairments, cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
**diabetes**, mental retardation, emotional illness, specific learning
disabilities, HIV disease (symptomatic or asymptomatic), tuberculosis, drug
addiction, and alcoholism. The phrase "symptomatic or asymptomatic" was
inserted in the final rule after "HIV disease" in response to commenters who
suggested the clarification was necessary.
I have placed doublet sets of **asterisks** when diabetes is specifically
I also placed asterisks around Test C, becuase while we may not consider
ourselves disabled due to diabetes, someone that doesn't understand D might.
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