Q How Are The Employment Provisions Enforced
A. The employment provisions of the ADA are enforced under the same procedures now applicable to race, color, sex, national origin, and religious discrimination under title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991. Complaints may be filed with the Equal Employment Opportunity Commission or designated state human rights agencies. Available remedies will include hiring, reinstatement, promotion, back pay, front pay, restored benefits, reasonable accommodation, attorneys’ fees, expert witness fees, and court costs. Compensatory and punitive damages also may be available in cases of intentional discrimination or where an employer fails to make a good faith effort to provide a reasonable accommodation. A charge must be filed within 180 calendar days from the date the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. A states designated human rights agency should be consulted to determine if the extended filing deadline applies.
Physical Or Mental Impairments
To be disabled under the ADA, you must have a physical or mental impairment. Not everything that keeps you from doing activities is an impairment. But, the ADA uses a broad definition.
A physical impairment is any medical disorder, condition, or loss that affects the body. These can be:
A mental impairment is any mental or cognitive disorder. This includes:
- Intellectual disability,
What qualifies for the ADA?
Physical or mental impairments covered by the ADA include:
- AIDS, and its symptoms
- Blindness or other visual impairments
- Loss of body parts
Some short-term impairments with little or no lasting effects do not qualify. The ADA does not protect against unfair treatment based on lifestyle.
Conditions that are not impairments include:
- Common cold or the flu
- Sprained joint
- Minor and non-chronic gastrointestinal disorders
- Broken bone that is expected to heal completely
- Compulsive gambling
- Old age
- Bisexuality or homosexuality
Does drug addiction qualify?
Casual drug use is not an impairment. This applies to unlawful drugs and to prescription drug use. There are few situations where drug addiction qualifies under the ADA. One is if someone has a history of addiction or is thought to be addicted to drugs.The addiction could qualify as an impairment. It is not an impairment if someone has a history of addiction and is now using illegal drugs.
Keeping Medical Information Confidential
With limited exceptions, an employer must keep confidential any medical information it learns about an applicant or employee. Under the following circumstances, however, an employer may disclose that an employee has diabetes:
- to supervisors and managers in order to provide a reasonable accommodation or to meet an employee’s work restrictions
- to first aid and safety personnel if an employee may need emergency treatment or require some other assistance because, for example, her blood sugar level is too low
- to individuals investigating compliance with the ADA and similar state and local laws and
- where needed for workers’ compensation or insurance purposes .
8. May an employer tell employees who ask why their co-worker is allowed to do something that generally is not permitted that she is receiving a reasonable accommodation?
No. Telling co-workers that an employee is receiving a reasonable accommodation amounts to a disclosure that the employee has a disability. Rather than disclosing that the employee is receiving a reasonable accommodation, the employer should focus on the importance of maintaining the privacy of all employees and emphasize that its policy is to refrain from discussing the work situation of any employee with co-workers. Employers may be able to avoid many of these kinds of questions by training all employees on the requirements of equal employment opportunity laws, including the ADA.
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Your Employer Must Make Reasonable Accommodations
Depending on your condition and job, you might need some changes made to your work environment or routine. If you are covered by the ADA, your employer needs to make reasonable accommodations. These are changes designed to help you manage your diabetes while performing your job duties. For example, you might ask your employer to:
- allow you to keep food and diabetic supplies close at hand
- allow you to take regular breaks to check your blood sugar, eat a snack, take medications, or use the restroom
- provide a private place for you to test your blood sugar and give yourself insulin
- provide a safe place for you to rest until your blood sugar normalizes after a hypoglycemic episode
- give you time off to receive medical treatments for your diabetes or recuperate from complications related to your diabetes
- modify your work schedule, if your expected shifts interfere with your ability to manage your condition
- allow you to use a special chair or stool or take a shortcut if you have trouble standing or walking due to diabetic neuropathy
- provide you with a large-screen computer monitor or other assistive devices if you have visual impairments caused by diabetes
Q Does The Ada Override Federal And State Health And Safety Laws
A. The ADA does not override health and safety requirements established under other federal laws even if a standard adversely affects the employment of an individual with a disability. If a standard is required by another federal law, an employer must comply with it and does not have to show that the standard is job related and consistent with business necessity. For example, employers must conform to health and safety requirements of the U.S. Occupational Safety and Health Administration. However, an employer still has the obligation under the ADA to consider whether there is a reasonable accommodation, consistent with the standards of other federal laws, which will prevent exclusion of individuals with disabilities who can perform jobs without violating the standards of those laws. If an employer can comply with both the ADA and another federal law, then the employer must do so.
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Is Diabetes A Disability Well Yes And No
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When people think of diabetes, there’s often a sense of dread that comes not far behind. But is diabetes a disability? We say ‘no!’, and here’s why.
While there are two different types of diabetes, and one is not currently curable, you have an incredible amount of control and power over how much diabetes affects your life.
This ranges from completely reversing type 2 diabetes to turning type 1 diabetes into a superpower that gives you fine-tuned control of your body on par with top Olympians. Definitely not the life-shattering disability it was made out to be!
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Meanwhile people with diabetes based on insulin resistance will notice these major differences:
- Slowly removing the need for insulin injections
- Slowly removing the need for medication
- Healthy weight loss
- Improved heart and cardiovascular health
- Improved levels
- And the eventual reversal of insulin resistance, leading to a complete reversal of this form of diabetes!
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What Is The List Of Disabilities Covered Under Ada
The list of disabilities covered under American with Disabilities Act refers to all the disabilities for which an employee is protected from discrimination by employers. The Americans with Disabilities Act of 1990, a civil rights law, prohibits employers from discriminating against employees with disabilities.
The American with Disabilities Act helps with employers or other people with disabilities from their job functions. In employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunications, the ADA outlaws discrimination on the basis of disability.
Rights Of Persons With Disabilities In Federally
Federal law makes it illegal for an otherwise qualified individual with a disability, solely because of his or her disability, to be excluded from the participation in, denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. An individual with a disability, who is also otherwise qualified for the program, service or activity, is covered under Section 504. To be qualified means the individual meets the essential eligibility requirements, including, for example, income requirements for tenancy, if the program is a housing program, provided those eligibility requirements are not discriminatory and can be met with or without reasonable accommodations or auxiliary aids or services necessary for effective communication.
For more information on the rights of persons with disabilities in federally-assisted housing as well as the responsibilities of housing providers who receive federal financial assistance, visit Non-Discrimination in Housing and Community Development Programs.
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Privacy Of Obtained Information
An employer must keep confidential any medical information that it learns about an employee, except in specified situations. An employer may disclose the information to supervisors and managers in order to provide a reasonable accommodation, to first aid and safety personnel for emergency treatment, or where needed for workers compensation or insurance purposes.
Even where other employees are asking why the employee with diabetes receives special treatment , the medical condition cannot be disclosed. Instead, employers should emphasize that they try to assist all employees with difficulties in the workplace and that such information is private. Inquiring employees should be reminded that their privacy would be equally respected.
Asking The Employee About Diabetes Or Requiring A Medical Exam
For various reasons, employers may suspect that an employee has diabetes and want confirmation. However, the ADA strictly limits the circumstances in which an employer can ask about an employees medical condition or require an employee to submit to a medical exam.
The circumstances in which an employer can ASK about suspected diabetes include:
where the employer has reason to believe that there is a medical explanation for changes in an employees job performance
where the employer believes that an employee poses a direct threat to safety of themselves or others because of the medical condition
where an employee has asked the employer directly for a reasonable job accommodation or
where the employee is participating in a voluntary wellness program focused on early detection, screening and management of diseases like diabetes.
The circumstances in which an employer can require an employee submit to a medical exam are limited to and above, in that an employer:
must have reason to believe that there is a medical explanation for changes in the employees job performance or
must believe that the employee poses a direct threat to the safety of themselves or others because of the medical condition.
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Q Are Alcoholics Covered By The Ada
A. Yes. While a current illegal user of drugs is not protected by the ADA if an employer acts on the basis of such use, a person who currently uses alcohol is not automatically denied protection. An alcoholic is a person with a disability and is protected by the ADA if s/he is qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to an alcoholic. However, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol.
Impairments Limiting Life Activities
People with disabilities mainly those with bodily injuries or function conditions and basic daily accommodations are included in major life activities. The ADA offers examples of undue hardship and reasonable accommodations. The ADA also prevents employers from discriminating against employees and job applicants who have mental and physical impairments that limit major life activities. Some examples of these life activities include:
Treatment is usually to help slow down or soothe the pain. The Rehabilitation Act standards for determining employment discrimination are the same as those used in title I of the Americans with Disabilities Act.
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Diabetes At Work: Your Rights And Benefits
Breaking down employer-based health insurance, employee health benefits, and employee rights for people with diabetes
The most common type of health insurance coverage in the US is employer-based insurance, covering almost 50% of all Americans in 2017. Despite its prominence, employer-based health insurance can be challenging to navigate, and living with diabetes makes the process of understanding and accessing employee health benefits like insurance all the more critical. This guide breaks down employer-based insurance, employee health benefits, and the rights of people with diabetes in the workplace.
We hope this guide helps you better understand employer-based insurance, maximize your health through work benefits, and know and protect your workplace rights as a person with diabetes.
In this article, you can read about :
Q What Standards Must Places Of Public Accommodation And Commercial Facilities Follow
A. Places of public accommodation must follow the 2010 ADA Standards for Accessible Design for barrier removal, new construction and alterations. Commercial facilities must follow the 2010 ADA Standards for Accessible Design for new construction and alterations. The 2010 ADA Standards for Accessible Design set minimum requirements both scoping and technical — for newly designed and constructed or altered public accommodations and commercial facilities to be readily accessible to and usable by individuals with disabilities. Elevators are generally not required in facilities under three stories or with fewer than 3,000 square feet per floor, unless the building is a shopping center or mall the professional office of a health care provider a terminal, depot, or other public transit station or an airport passenger terminal.
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Q How Is Readily Achievable Determined In A Multisite Business
A. In determining whether an action to make a public accommodation accessible would be “readily achievable,” the overall size of the parent corporation or entity is only one factor to be considered. The ADA also permits consideration of the financial resources of the particular facility or facilities involved and the administrative or fiscal relationship of the facility or facilities to the parent entity.
Q What Are An Employer’s Recordkeeping Requirements Under The Employment Provisions Of The Ada
A. An employer must maintain records such as application forms submitted by applicants and other records related to hiring, requests for reasonable accommodation, promotion, demotion, transfer, lay-off or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship for one year after making the record or taking the action described . If a charge of discrimination is filed or an action is brought by EEOC, an employer must save all personnel records related to the charge until final disposition of the charge.
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Section 504 Of The Rehabilitation Act Of 1973
Section 504 of the Rehabilitation Act provides that no qualified individual with disabilities should, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
Section 504 covers all programs and activities of recipients of HUD financial assistance, including, for example:
Outreach and public contact, including contact with program applicants and participants
Employment policies and practices
Who Is a Recipient?
What Is Federal Financial Assistance?
HUDs Section 504 regulation defines federal financial assistance broadly to include virtually any form of financial assistance, including property, except for a contract or guarantee of insurance, provided or otherwise made available by the Department. This includes any assistance provided or otherwise made available by the Department through a grant, loan, contract or any other arrangement, including funds, services of federal personnel, or real or personal property or any interest in or use of such property.
These are some common types of HUD funding programs:
1. Community Development Block Grants
2. HOME Investment Partnerships
3. Emergency Solutions Grants
4. Housing Opportunities for Persons with AIDS
5. Public Housing
6. Housing Choice Vouchers
7. Supportive Housing for Persons with Disabilities
8. Supportive Housing for the Elderly
Q What Are The Limitations On The Obligation To Make A Reasonable Accommodation
A. The individual with a disability requiring the accommodation must be otherwise qualified, and the disability must be known to the employer. In addition, an employer is not required to make an accommodation if it would impose an “undue hardship” on the operation of the employer’s business. “Undue hardship” is defined as an “action requiring significant difficulty or expense” when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer’s operation. Undue hardship is determined on a case-by-case basis. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources.
If a particular accommodation would be an undue hardship, the employer must try to identify another accommodation that will not pose such a hardship. Also, if the cost of an accommodation would impose an undue hardship on the employer, the individual with a disability should be given the option of paying that portion of the cost which would constitute an undue hardship or providing the accommodation.
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Adaaa Offers Protections To People With Diabetes
The ADAAA responded to the courts’ repeated denials of ADA protection to people with disabilities such as diabetes, AIDS, cancer, epilepsy, multiple sclerosis, and mental illness. It passed both houses of Congress unanimously, was signed into law by President George W. Bush on September 25, 2008, and applies to discrimination that occurs on or after January 1, 2009. The ADAAA’s changes are incorporated into the ADA so that the text of the statute now directs the courts to interpret the definition of disability in favor of broad coverage. People with diabetes still have to show a substantial limitation in a major life activity, but the law makes this requirement much easier to meet.
Health care professionals, especially physicians, play a primary role in helping their patients with diabetes establish coverage under the law and in protecting their rightsa role that is much more straightforward than in the past, thanks to the changes to the law. Often, all that is required is a letter from the patient’s physician describing the individual’s diabetes, focusing on specific details now relevant to determine whether a person is protected from discrimination. Discussed below are the specific provisions that will be particularly important to health care professionals in this regard.