Islets of Hope  Is diabetes a disability?  What civil rights laws protect diabetics?

Article disclaimer

Written by Lahle Wolfe

Source:  Publication PA-04-2006; Revised 12/06; Published by Islets of Hope, Diabetes and civil rights law: "An overview of your legal right to equal access to programs, benefits, opportunity, accommodations, education, and employment"  Read full publication (.pdf)

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Diabetes and Civil Rights Laws
The Americans With Disabilities Act (ADA)
Back to main Civil Rights Section

What is The Americans with Disabilities Act (ADA)?

The ADA prohibits discrimination on the basis of a person’s disability, which may include diabetes, in private employment, State and local government, the United States Congress, public accommodations, commercial facilities including restaurants, transportation, and telecommunications.

In addition to the ADA most states also have their own laws prohibiting employment discrimination on the basis of a person’s disability.  Some state laws apply to smaller employers than the ADA (the ADA laws apply to employers with 15 or more employees) as well as offer other protections in addition to those available under the ADA.

The ADA uses a three prong test to help determine if a person has a disability.  There are other considerations, but in most cases, persons with type 1 diabetes will qualify as having a disability.

Specific information about the Americans with Disabilities Act (ADA)

• What is the three-prong test?
• Is everyone with diabetes considered disabled according to federal law?
• The legal definition of a disability
• Definition of physical and mental impairments
• What is not considered an impairment?
• Definition of "Major Life Activities"
• The importance of the Rehabilitation Act Amendments of 1974 for diabetics
• An impairment must substantially limit one or more major life activities
• Applying the three limitation factor to diabetes (chart)
• The meaning of “record of such an impairment”
• Regarded As Having Such an Impairment
• Illegal drug use and the ADA
• Discrimination by association with a person who has diabetes
• Is pre-diabetes or gestational diabetes a disability?
• Your civil rights for administering diabetes self-care in public and in the work place
• ADA Title I:  Employment
• Definition of a qualified individual with a disability under Title I
• ADA Title II: State and Local Government Activities
• Definition of a qualified individual with a disability under ADA Title II
• ADA Title II: Public Transportation
• ADA Title III: Public Accommodations
• Definition of a qualified individual with a disability under ADA Title III
• Title IV:  Telecommunications relay services
• Title V:  Miscellaneous Provisions (includes recovery of legal fees)
• Your right to file a grievance:  ADA protection against retaliation or coercion
• Where to file ADA civil rights complaints

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Page Updated 08/15/2007