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Re: [[IP] Is Diabetes a disability?]
- Subject: Re: [[IP] Is Diabetes a disability?]
- From: email @ redacted
- Date: Sun, 2 May 1999 22:23:22 EDT
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
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.
Insulin Pumpers website http://www.insulin-pumpers.org/
for mail subscription assistance, contact: HELP@insulin-pumpers.org