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

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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)

In August 2007, California courts rendered a landmark decision by legally establishing that children with diabetes were disabled according to both state and federal legal definitions and therefore, have protected rights under the Americans With Disabilities Act (ADA) of 1973 as well as the Individuals with Disabilities Education Act (IDEA).

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A recent and disturbing decision regarding ADA interpretation was handed down by the 9th Circuit court.   The court found that a blind woman with a service dog had no claim against the ferry that refused to sell her a "first class" ticket on the ferry, and made her ride in the tourist class.  The ferry company changed the policy two weeks after refusing the blind woman and her dog a ticket in first class, but she sued anyway, and lost.
 
The court held that the federal ADA regs do not require that access be made when it would create a direct threat to other people, and that it was reasonable for the ticket seller to make a snap judgment not to sell the ticket.  The court said that the ADA probably did require that the policy be changed, but that the 1-time decision was not unreasonable, and would not support a claim.  Judge Hall dissented. 

Lockett v. Catalina Channel Exp., Inc. C.A.9 (Cal),2007.  United States Court of Appeals,Ninth Circuit; Argued and Submitted June 4, 2007.   Filed Aug. 9, 2007.

 

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diabetes legal information education and daycare facility laws

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


Where to file ADA civil rights complaints

Where to file a complaint

Additional Information

ADA Title I – Employment discrimination grievances

Charges of employment discrimination on the basis of disability may be filed at any U.S. Equal Employment Opportunity Commission field office. Field offices are located in 50 cities throughout the U.S. and are listed in most telephone directories under "U.S. Government."

Complaints must be filed with the U. S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC.

For the appropriate EEOC field office in your geographic area, contact:

(800) 669-4000 (voice)
(800) 669-6820 (TTY)
www.eeoc.gov

Publications and information on EEOC-enforced laws may be obtained by calling:

(800) 669-3362 (voice)
(800) 800-3302 (TTY)

For information on how to accommodate a specific individual with a disability, contact the Job Accommodation Network at:

(800) 526-7234 (voice/TTY)
www.jan.wvu.edu

ADA Title II:  State and Local Government Activities
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section - NYAV
Washington, D.C.  20530

Complaints must be filed with the DOJ within 180 days of the date of discrimination.

Cases may be referred to a mediation program sponsored by the DOJ who may also bring a lawsuit where it has investigated a matter and has been unable to resolve violations.  Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.

www.ada.gov
(800) 514-0301 (voice)
(800) 514-0383 (TTY)

 

ADA Title II:  Transportation
Office of Civil Rights
Federal Transit Administration
U.S. Department of Transportation
400 Seventh Street, S.W.
Room 9102
Washington, D.C.  20590

www.fta.dot.gov/ada
(888) 446-4511 (voice/relay)

Title III: Public Accommodations
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Disability Rights Section – NYAV
Washington, D.C.  20530

www.ada.gov
(800) 514-0301 (voice)
(800) 514-0383 (TTY)

Some cases may be referred to a mediation program sponsored by the DOJ but the DOJ can bring a lawsuit where there is a pattern or practice of discrimination or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits.  Note:  It is not necessary to file a complaint with the DOJ (or any Federal agency), or to receive a "right-to-sue" letter, before going to court.

Title IV:  Telecommunications Relay Services

Federal Communications Commission
445 12th Street, S.W., Washington, D.C.  20554

www.fcc.gov/cgb/dro
(888) 225-5322 (Voice)
(888) 835-5322 (TTY)

 

   

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