Islets of Hope Is diabetes a disability? What civil rights laws protect diabetics?
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
ADA Title II: State and Local Government Activities
Title II covers all activities of State and local governments regardless of the government entity's size or receipt of any Federal funding. ADA Title II requires:
Definition of a qualified individual with a disability under Title II and Title III
Purpose: To protect the rights of qualified persons with disabilities to participate in, and benefit from, services and programs offered by a public or private entity.
Just as in the provisions of Title I definitions, protections under Title II and Title III are only afforded to “qualified” individuals with disabilities (not every person with a disability is necessarily qualified).
For a person with a disability to be covered under Title III they must have a disability and qualify by meeting the essential eligibility requirements with or without:
The "essential eligibility requirements" for participation in many activities may be minimal, such as simply requesting information about a program. In this case, simply requesting the information would satisfy “essential eligibility requirements.” However, to qualify for other programs may require more specific criteria. For example, to enter medical school a person may be required to have first successfully completed certain academic courses.
ADA Title II: Public Transportation
The transportation provisions of ADA Title II cover public transportation services, such as city buses and public rail transit (e.g. subways, commuter rails, Amtrak, etc.). Some specific areas covered under ADA Title II include:
Page Updated 08/15/2007