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Re: [[IP] Is Diabetes a disability?]

In a message dated 5/2/99 2:38:26 PM Central Daylight Time, 
email @ redacted writes:

<< Does it mean diabetes
 is NOT covered by the Americans with Disabilities Act, or were these cases
 brought by these individuals just dismissed because their diabetes had 
 to do with the cases themselves?  >>

It means that there are three cases where a diabetic said that they should be 
protected by the Americans with Disabilities Act.  In all three of these 
cases the court said that, no, they were not disabled.

The ADA provides the following definition: "substantially limits one or more 
of the major life activities of an individual.'  The major life activities 
are walking, seeing hearing, speaking, breathing, learning.  In each case, 
the court did not feel that the person in question was limited in any of 
these ways therefor they were not covered by the ADA.  

The decisions of the courts can be changed depending upon the upcoming 
Supreme court decision about the definition of a disability that is covered 
by the ADA.  

The lower courts need to know whether they should be looking at a condition's 
medicated or un-medicated state.

If they look at a disability before medication then everyone who has very 
poor vision and wears glasses or who has high blood pressure will be 
considered disabled.  

On the other hand, if they look at the condition after medication, many 
people who the law was written to protect will not be covered.  Besides 
diabetics, this includes those with epilepsy, people with hearing aids and 
those with artificial limbs.

It is going to be a tough decision for them to make.  

For more information about the ADA, there is a GREAT web site that was 
recently supplied by another member 
http://members.aol.com/voodoo82c/club/index.htm.  Keep in mind that the 
verdict is still out whether diabetics are covered or not.

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