Know Your Rights
Did you know..
Do you know your rights as a diabetic?
Global Protection for Healthcare
Brief Notes from the Americans with Disabilities Act
An individual with a disability is a person who:
- Has a physical or mental impairment that substantially limits one or more major life activities;
- Has a record of such an impairment; or
- Is regarded as having such an impairment.
A qualified employee or applicant with a disability
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:
- Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
- Job restructuring, modifying work schedules, reassignment to a vacant position;
- Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
An employer is required to make a reasonable
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business.
Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities.
Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even all people with the same disability) will require the same accommodation. For example:
- A deaf applicant may need a sign language interpreter during the job interview.
- An employee with diabetes may need regularly scheduled breaks during the workday to eat properly and monitor blood sugar and insulin levels.
- A blind employee may need someone to read information posted on a bulletin board.
- An employee with cancer may need leave to have radiation or chemotherapy treatments.
The Affordable Care Act of 2009
The Patient Protection and Affordable Care Act (ACA) of 2009 was a landmark piece of legislation that significantly reshaped the American healthcare landscape. One of its primary objectives was to provide greater access to affordable health insurance, particularly for those with pre-existing conditions. For individuals living with diabetes, a chronic and often costly illness, the ACA offered a crucial layer of protection against exorbitant medical expenses.
One of the most significant benefits of the ACA for individuals with diabetes was the elimination of pre-existing condition exclusions. Prior to the ACA, insurance companies could often refuse coverage or charge exorbitant premiums to individuals with diabetes or other chronic conditions. This discriminatory practice left many people with diabetes facing the daunting prospect of being uninsured or underinsured, leaving them vulnerable to financial ruin in the event of a health crisis. By prohibiting insurance companies from denying coverage based on pre-existing conditions, the ACA ensured that individuals with diabetes could obtain health insurance without fear of discrimination.
In addition to eliminating pre-existing condition exclusions, the ACA also included provisions that helped to control the cost of healthcare for individuals with diabetes. These provisions included essential health benefits, which required health insurance plans to cover a comprehensive set of services, including prescription drugs, mental health services, and preventive care. For individuals with diabetes, who often require a combination of medications, supplies, and specialized care, these essential health benefits were essential for managing their condition without breaking the bank. Furthermore, the ACA’s out-of-pocket cost limits helped to protect individuals with diabetes from catastrophic medical expenses, ensuring that they would not be financially devastated by unexpected healthcare costs.
EEOC: Protection At Your Workplace
The U.S. Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA. This document, which is one of a series of question-and-answer documents addressing particular disabilities in the workplace,3 explains how the ADA applies to job applicants and employees who have or had diabetes. In particular, this document explains:
- when an employer may ask an applicant or employee questions about her diabetes and how it should treat voluntary disclosures;
- what types of reasonable accommodations employees with diabetes may need;
- how an employer should handle safety concerns about applicants and employees with diabetes; and
- how an employer can ensure that no employee is harassed because of diabetes or any other disability.
California
The California Fair Employment and Housing Act (FEHA) provides comprehensive protections for individuals with disabilities, including those with diabetes. Under the FEHA, employers are prohibited from discriminating against individuals with disabilities in any aspect of employment, including hiring, firing, promotion, or compensation. Additionally, employers are required to provide reasonable accommodations to allow individuals with disabilities to perform the essential functions of their jobs. This may include, but is not limited to, providing flexible work schedules, job restructuring, modifying work environments, or providing assistive devices or technology. The FEHA also prohibits discrimination based on disability in housing, public accommodations, and other areas of life. This means that individuals with diabetes are protected from discrimination in a wide range of contexts, ensuring that they can fully participate in all aspects of society.
New York
The New York Human Rights Law (NYHRL) is a comprehensive law that prohibits discrimination based on a wide range of protected characteristics, including disability. This means that individuals with diabetes are protected from discrimination in a variety of contexts, including employment, housing, and public accommodations. In the context of employment, the NYHRL prohibits employers from discriminating against individuals with disabilities in any aspect of employment, including hiring, firing, promotion, compensation, or terms and conditions of employment. Additionally, employers are required to provide reasonable accommodations to allow individuals with disabilities to perform the essential functions of their jobs. This may include, but is not limited to, providing flexible work schedules, job restructuring, modifying work environments, or providing assistive devices or technology. The NYHRL also prohibits discrimination based on disability in housing and public accommodations. This means that individuals with diabetes are protected from discrimination in a wide range of contexts, ensuring that they can fully participate in all aspects of society.
Texas
Texas Labor Code Chapter 21 prohibits discrimination based on disability, including diabetes, in employment. This means that employers in Texas cannot refuse to hire, promote, or fire an individual based on their disability, nor can they subject them to different terms or conditions of employment. Additionally, employers are required to provide reasonable accommodations to allow individuals with diabetes to perform the essential functions of their jobs. These accommodations may include, but are not limited to, providing flexible work schedules, job restructuring, modifying work environments, or providing assistive devices or technology. Furthermore, the Texas Labor Code prohibits retaliation against individuals who report discrimination based on disability or who exercise their rights under the law. This ensures that individuals with diabetes can safely report and address discrimination without fear of reprisal.
Texas
Texas Labor Code Chapter 21 prohibits discrimination based on disability, including diabetes, in employment. This means that employers in Texas cannot refuse to hire, promote, or fire an individual based on their disability, nor can they subject them to different terms or conditions of employment. Additionally, employers are required to provide reasonable accommodations to allow individuals with diabetes to perform the essential functions of their jobs. These accommodations may include, but are not limited to, providing flexible work schedules, job restructuring, modifying work environments, or providing assistive devices or technology. Furthermore, the Texas Labor Code prohibits retaliation against individuals who report discrimination based on disability or who exercise their rights under the law. This ensures that individuals with diabetes can safely report and address discrimination without fear of reprisal.
Education Laws
Florida
The California Fair Employment and Housing Act (FEHA) provides comprehensive protections for individuals with disabilities, including those with diabetes. Under the FEHA, employers are prohibited from discriminating against individuals with disabilities in any aspect of employment, including hiring, firing, promotion, or compensation. Additionally, employers are required to provide reasonable accommodations to allow individuals with disabilities to perform the essential functions of their jobs. This may include, but is not limited to, providing flexible work schedules, job restructuring, modifying work environments, or providing assistive devices or technology. The FEHA also prohibits discrimination based on disability in housing, public accommodations, and other areas of life. This means that individuals with diabetes are protected from discrimination in a wide range of contexts, ensuring that they can fully participate in all aspects of society.
Illinois
- 105 ILCS 5/2-2.1 requires public schools to provide reasonable accommodations for students with disabilities, including those with diabetes. These accommodations may include, but are not limited to:
- Flexible scheduling arrangements, such as extended breaks, shortened school days, or modified class schedules.
- Access to a nurse or other qualified health care professional on campus.
- Assistance with meal planning and preparation, including providing accommodations for dietary restrictions related to diabetes.
- Access to a quiet room or designated area for insulin injections or other medical procedures.
- Transportation accommodations to ensure that students with diabetes can safely get to and from school.
- Modified assignments or assessments that take into account the student's diabetes management needs.
- Training for school staff on how to recognize and respond to diabetic emergencies.
- Additional accommodations, as necessary, to ensure that students with diabetes can fully participate in all school activities and receive the same educational opportunities as their peers without disabilities.
Pennsylvania
Pennsylvania's Public School Code Section 508 underscores the state's commitment to ensuring that all students, including those with disabilities, have equal access to education. For students with diabetes, this means that schools must take proactive steps to accommodate their unique needs and provide a supportive learning environment.
One of the most crucial accommodations for students with diabetes is flexible scheduling. This allows students to take breaks or adjust their schedules as necessary to manage their blood sugar levels. By accommodating these needs, schools can help prevent hypoglycemic or hyperglycemic episodes, ensuring that students can focus on learning without the constant worry about their health. Additionally, schools should provide access to a school nurse or other qualified healthcare professional who can assist with diabetes management, offer guidance, and provide necessary medical interventions when needed.
Furthermore, schools must ensure that students with diabetes have access to appropriate meals and snacks that meet their dietary needs. This may involve providing special meals, allowing students to bring their own food, or working with families to develop individualized meal plans. By addressing dietary needs, schools can help students maintain stable blood sugar levels and prevent complications related to diabetes. Additionally, schools should be prepared to adjust assignments or assessments to accommodate the student's diabetes management needs. This may include providing extra time for tests, allowing for alternative formats, or modifying the content of assignments. By making these adjustments, schools can ensure that students with diabetes have a fair opportunity to demonstrate their knowledge and skills.
Massachusetts
The Massachusetts Fair Housing Act (MGL Chapter 151B) is a comprehensive piece of legislation that prohibits discrimination based on a wide range of protected characteristics, including disability. This means that individuals with disabilities, such as diabetes, are protected from discrimination in a variety of housing-related activities, including the sale, rental, or financing of housing.
Under the Massachusetts Fair Housing Act, it is illegal for landlords, property managers, real estate agents, or other housing providers to refuse to rent or sell housing to an individual based on their disability. Additionally, it is unlawful to discriminate against individuals with disabilities in the terms or conditions of housing, such as by charging higher rents or requiring discriminatory deposits. Furthermore, housing providers are required to provide reasonable accommodations to allow individuals with disabilities to fully utilize their housing. This may include, but is not limited to, making modifications to the housing unit or providing assistance with common area facilities.
The Massachusetts Fair Housing Act is designed to ensure that individuals with disabilities have equal access to housing opportunities. By prohibiting discrimination based on disability, the Act helps to promote fair housing practices and to ensure that individuals with diabetes can live independently and with dignity.
Michigan
The Massachusetts Fair Housing Act (MGL Chapter 151B) is a comprehensive piece of legislation that prohibits discrimination based on a wide range of protected characteristics, including disability. This means that individuals with disabilities, such as diabetes, are protected from discrimination in a variety of housing-related activities, including the sale, rental, or financing of housing.
Under the Massachusetts Fair Housing Act, it is illegal for landlords, property managers, real estate agents, or other housing providers to refuse to rent or sell housing to an individual based on their disability. Additionally, it is unlawful to discriminate against individuals with disabilities in the terms or conditions of housing, such as by charging higher rents or requiring discriminatory deposits. Furthermore, housing providers are required to provide reasonable accommodations to allow individuals with disabilities to fully utilize their housing. This may include, but is not limited to, making modifications to the housing unit or providing assistance with common area facilities.
The Massachusetts Fair Housing Act is designed to ensure that individuals with disabilities have equal access to housing opportunities. By prohibiting discrimination based on disability, the Act helps to promote fair housing practices and to ensure that individuals with diabetes can live independently and with dignity.
Ohio
The Ohio Fair Housing Law (ORC 4112.02) is a comprehensive piece of legislation that prohibits discrimination based on a wide range of protected characteristics, including disability. This means that individuals with diabetes are protected from discrimination in housing, ensuring that they have equal opportunities to find suitable housing. The law prohibits a variety of discriminatory practices, such as refusing to rent or sell housing to an individual with a disability, denying reasonable accommodations, or charging higher rents or fees based on disability. By protecting individuals with diabetes from housing discrimination, the Ohio Fair Housing Law promotes equality and ensures that everyone has the right to live in a safe and affordable home.
Georgia
The Georgia Fair Housing Act (GFHA) is a comprehensive piece of legislation that prohibits discrimination in housing based on a variety of protected characteristics, including disability. This means that individuals with disabilities, such as diabetes, are protected from discrimination in a wide range of housing-related activities, including the sale, rental, and financing of housing. The GFHA ensures that individuals with disabilities have equal access to housing opportunities, regardless of their impairments.
One of the key provisions of the GFHA is its prohibition on discrimination in public accommodations. This means that individuals with disabilities cannot be denied access to public accommodations, such as restaurants, hotels, and retail stores, based on their disability. For individuals with diabetes, this ensures that they can enjoy the same opportunities as others to participate in community life and access essential goods and services.
In addition to prohibiting discrimination in public accommodations, the GFHA also requires property owners and managers to provide reasonable accommodations for individuals with disabilities. This means that property owners and managers must make necessary modifications to their properties or services to allow individuals with disabilities to enjoy the same housing opportunities as others. For example, a property owner might be required to install ramps or elevators to make a property accessible to individuals with mobility impairments, or to provide hearing aids or other assistive devices to individuals with hearing impairments. By requiring reasonable accommodations, the GFHA helps to ensure that individuals with disabilities can live independently and participate fully in their communities.
