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Diabetes and ADA

Catbert Evil HR DirectorCatbert Evil HR Director 26 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Wasn't a court opinion issued recently that said diabetes, if treatable, is not a disability under the ADA. I thought the courts had reversed their previous view and NOW employers can now look at conditions WITH treatment (ie. vision impairment correctable by glasses is not under ADA)in determining whether a person was protected under ADA.
I tried a search of this site, but did not find anything on point.
Thanks,
Liz
[email]eaa43230@yahoo.com[/email]

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  • SystemSystem 5,885 Posts
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    The way I understand it, you still have to do an individualized assessment of whether the condition substantially impairs a major life activity. And you mentioned the Supreme Court's 1999 eyeglasses decision (Sutton v. United Airlines). I'm not a doctor or lawyer (or butcher, baker, or candlestick maker), but I'd think that diabetes would have to be pretty severe in order to be ADA.

    I looked through the Subscribers Area for articles in all states for the past three years containing the word disabilities and also including the word diabetes. I found a few helpful articles including a 2005 case, Collado v. United Parcel Serv. Co., where one ee's diabetes wasn't serious enough to be a disability, but the decision didn't change the law.

    Hope this helps.

    James Sokolowski
    HRhero.com
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