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Re: [IP] Re: Diabetes Found Not to Be a Disability

   Before everything in this issue gets blown into "assumption land", 
let me throw in both experience in the retail pharmaceutical industry 
and what the legal opinion actually said.

   First, the pharmacist was fired for closing down the shop to eat 
lunch (not for needing to eat lunch).  In the years I worked a pharmacy, 
all with one pharmacist (I worked as a tech), we never took a lunch 
break.  We always got lunch - being junior I usually had to go out and 
get it for everyone - but we ate it standing behind the counter working 
(chewing and typing on the computer aren't mutually exclusive).

   My diabetes didn't care if I ate while working or sitting at the 
table and I was still pushing shots all the time.  This case sounds 
equivalent to accommodating someone with a ramp to the office, and they 
hold out for an elevator, so you fire them.  Don't jump on someone's 
side because they have diabetes - there are a good percentage of us that 
use it as an excuse to get what they want, not to get an equal 
opportunity.  If your pump just ran out of insulin and you're at the 
store for more, you'd be hacked if they were closed for lunch.

   So, what did the court actually say?  It said the plaintiff "... 
failed to show he was disabled."  Now, that may have been his attorney 
assuming diabetes was a disability, or maybe his attorney just didn't 
present enough evidence to make the case.  Either way, it's a comment on 
this case - not anyone else's case.

   The citations some seem to be ascribing to this case are quoted from 
a different case that was before the U.S. Supreme Court in 1999 where 
they decided individuals were disabled, not classes of people.  It was a 
good decision - some people are more disabled from identical diseases 
than others - so judge each case on it's merits.  We all have knowledge 
of what it takes to control diabetes - don't assume judges do, too.

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