General question

luked
By luked Latest Reply 2012-09-13 20:15:53 -0500
Started 2012-09-12 12:38:12 -0500

This is pondering question that any feedback from YIY is appreciated.

Is diabetes considered a disability.

Thanks

Tags: genersl

8 replies

luked
luked 2012-09-13 05:13:42 -0500 Report

The message from the White House is that the Obama administration now argues that it appointed the first confirmed Supreme Court justice “with a disability”.
President Obama has only nominated two Supreme Court justices, both of whom were confirmed by the Senate — Elena Kagan and Sonia Sotomayor. The only unusual medical or physical condition known about either of them is Sotomayor’s diabetes. When I clicked the link to take a look at the White House’s latest graphic wizardry, I was surprised to learn that one of Obama’s Supreme Court nominees was the first ever with a disability to win confirmation. I had no idea. But Google, as always, is my friend, and after first coming up dry on Elena Kagan, I discovered that Sonia Sotomayor has diabetes.

Did I already know this? Maybe. My memory is so bad that I couldn’t tell you whether I once knew this and have forgotten, or whether I had never heard this before. In any case, I guess I’ve added two new bits of knowledge to my brain pan today: (1) Sonia Sotomayor has diabetes, and (2) diabetes is considered a disability. Live and learn.

Just Joyce
Just Joyce 2012-09-13 20:15:53 -0500 Report

Yes I knew she was diabetes. That came out when she was nominated. I am diabetic but not a disabled diabetic. I think the only time it can be considered to be a disability if it is totally out of control and if there are mitigating circumstances that causes it to be out of control.

MAYS
MAYS 2012-09-12 13:11:11 -0500 Report

Type 1, yes.
Type 2, insulin taking, yes.
Type 2, non insulin taking, no.
Gestational, no.

luked
luked 2012-09-12 17:52:15 -0500 Report

Well according to Americans with disabilities act both federal and state laws are in place to protect individuals with disabilities. Because diabetes is a chronic health condition, individuals with diabetes are classified as having a disability that qualifies for coverage by state and federal laws. One of the most important and wide-spread laws impacting diabetics is the Americans with Disabilities Act. The Americans with Disabilities Act protects employees from discrimination on the basis of their disability, which, in the case of a diabetic, is diabetes.

Some of the forms of discrimination that diabetics are protected against include discrimination when hiring, promoting, training, or terminating employees. Therefore, employers are not legally allowed to use diabetes as a consideration when making any decisions on these employment-related matters.

MAYS
MAYS 2012-09-13 00:38:43 -0500 Report

Non insulin taking type 2 diabetes, and gestational diabetes are not considered disabilities.
I do not know if you are familiar with Social Security and how it works pertaining to disabilities, but there is what is known as the " Social Security Blue Book" it describes those conditions and illnesses that are considered disabilities and type 2 non insulin taking diabetes and gestational diabetes are not listed as disabillities within it!

Unless you are taking insulin, there are many state, and federal programs that you will not be able to qualify for because you are considered to be functional with the limits of your mental judgement, as all non insulin taking diabetics are considered because managing their diabetes consist of either (or a combination of) exercise, diet, and/or medication, all "personal judgement calls" unlike insulin which is considered a necessity, even if the person is a type 2 diabetic!

The Americans with Disabilities Act does not determine if an individual is disabled or not, it just protects their civil rights pertaining to discrimination directed at, or against them.
So unless you are classified with a "disability" which type 2 (non insulin taking) diabetes is not claassified as, none of those rights apply, although you are protected against discrimination in the workplace and in social areas (public places) etc,.

~Mays~

Just Joyce
Just Joyce 2012-09-13 00:20:00 -0500 Report

Luke the Americans with Disabilities Act is almost the Civil Rights Act tweaked. It does protect you but employers will find a way to fire you only they won't say it was because of diabetes.

They have the right to fire at will and the excuse is because of a reason that makes no sense. In other words if you are diabetic they can fire you for a reason however they will say failure to perform job duties even though all along it is because you are diabetic. If you suspect you were fired because of it, you have to be able to prove it.

I use to be a shop steward when I worked for the state and people got fired for all kinds of dumb reasons. Most of the time they gave a reason the employee could prove untrue.

When it comes to firing people, employers are not always the smartest people because somewhere along the line someone slips up and word gets out why the person was really fired which causes them to get sued.

The rule of thumb is to keep every memo and email sent to you. Keep notes of staff meetings. If possible keep copies of what you do during the day or a journal. Do not keep it at work because your locked desk belongs to your employer and they have a right to open it. Do not have personal mail and packages delivered to your office. It can be opened by the mail room and more importantly do not check personal emails and social media on your office computer. It is not yours and can be checked. If you have a cell phone assigned to you, do not use it for personal calls and do not give that number to family and friends. Believe me this has worked to my advantage.

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