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What is the Americans with Disabilities Amendments Act of 2008?

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.
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  • 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.

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Important: This content reflects information from various individuals and organizations and may offer alternative or opposing points of view. It should not be used for medical advice, diagnosis or treatment. As always, you should consult with your healthcare provider about your specific health needs.