This new law further protects people from workplace discrimination. It no longer requires that mitigating measures—such as insulin use—be considered when determining whether you have a disability. It considers your endocrine system as a major life activity that can be impaired—and is therefore a disability.
Tips about Your Rights
- Courts are required to do an individual assessment of each person.
- The employee must also establish that he or she is qualified for the job in question. A qualified applicant possesses the skill, experience, education, and other job requirements of the position he or she would do with or without reasonable accommodation.
- Employees must also show they were treated unfairly because of their diabetes.
Before these laws were passed, you may have been asked to list any medical conditions on a job application. The employer could then refuse to hire you based on this information. But if you weren’t hired, you might not know whether it was because of your qualifications, a bad recommendation, or because of your diabetes.
Current federal law allows an employer to ask an applicant for medical information only after making a job offer and only if all job applicants are asked to provide this information. Then an employer may withdraw a job offer only if the applicant cannot perform the tasks required for the job, even if the employer makes reasonable accommodations.