The Americans With Disabilities Act Of 1990

Learn about this legislation that can make your life with diabetes easier...

People who suffer with diabetes are more likely to have a more difficult time finding a job, and if they suffer from a disability (due to the diabetes) they are more apt to lose their job.  This happens because employers are afraid to hire people with diabetes.   They think the diabetes will interfere with a worker's job performance, or that the disease will cost them money in extra medical benefits (higher insurance premiums).

You don't have to tell a prospective employer that you have diabetes, and they can't ask you to take a physical prior to hiring.   Once you are hired, most employers do require that you take a physical.  After you're hired you may want to tell your employer that you have diabetes, since this is the only way to be covered under The American With Disabilities Act of 1990.  The Act is a Civil Rights law that protects the employment rights of people with diabetes who are disabled.

You are considered disabled if one of these statements is true:

1. Diabetes limits one or more of the major activities of life.   Major life activities include seeing, hearing,  walking, speaking,  doing manual tasks, caring for yourself, learning and working.

2. Diabetes greatly limited one or more of your major life activities at one time.

3. Your employer sees you as disabled because you have diabetes.  It doesn't matter if your diabetes is well controlled. or not.

You are covered under The Americans With Disabilities Act when:

a) you apply for a job
b) you are trained
c) you are hired
d) you are given benefits
e) you are paid
f) you are granted tenure
g) you are promoted
h) you take a leave of absence
i) you are laid off
j) you are fired
k) your employer recruits or advertises for a job

Your spouse, parents and friends are also covered by the Americans With Disabilities Act if they are discriminated against because you have diabetes.

The Act applies to private employers, state and local governments, employment agencies and labor unions.  The Act doesn't apply to employers who have less than fifteen (15) employees, Native Americans, tax-exempt private clubs, and the federal government.  People who work for the federal government are covered by the Federal Rehabilitation Act of 1973.   If none of these Acts protects you, check with your local state and city to see if they have laws that will cover you.

Job discrimination cases can be hard to prove, but if you feel you have been discriminated against it's worth the fight.   The first thing you should try to do is discuss the problem with your immediate supervisor and then with your employer directly.   If that doesn't work try discussing the problem with your union or employee group.  If that doesn't work then you should discuss it with a lawyer  The situation might be taken care of with a well placed letter or call from an attorney.

If you can not find an attorney who will handle your case there is a way for you to fight the case yourself but you will have to be diligent and learn your way around the federal court system.  You can proceed in the case "pro se" and represent yourself.

You should also file charges with the Equal Employment Opportunity Commission.