Comments on: Bush Signs Disabilities Act Amendment Into Law

By: Rod Johnson

Rod Johnson — Mon, 23 Feb 2009 22:26:08 +0000

Interesting. It is good that he signed the law, but how will it really do for those with diabetes. I am sorry I am not caught up on it.

By: Linda Fitzpatrick

Linda Fitzpatrick — Thu, 11 Dec 2008 15:57:47 +0000

One of the implications of this new law is that more employers will get committed to what’s called the “interactive dialogue” with an employee who may have difficulty fufilling his job responsibilities. This dialogue or conversation will be to find ways to “accomodate” the employee (quotations because that’s a word with legal implications). For example if a person with diabetes needs to periodically eat something in order to maintain wellness…the job site should accomodate the person’s need. That employer would be smart to support the employee rather than to allow the employee to fail for lack of accomodation. Lawsuits in this arena are expected to soar in the coming year. I’ve written more about this in my new book A Practical Handbook on Disability Sensitivity: How To Be Gracious Without Walking on Eggshells.

Up until now, 98% of lawsuits related to disability discrimination have been dismissed according to experts at Jackson Lewis because disability has not been proven. The new law ADA Amendments Act is a remedy that will, as I mentioned, probably result in much more litigation in this area.

By: Lauren

Lauren — Fri, 03 Oct 2008 07:45:26 +0000

Bush has a 22% approval rating and even the current Republican candidate is working hard to avoid all ties to the titular head of the GOP, so I hardly think Amy is unique in her feelings about the administration and its accomplishments, or staggering lack thereof. As both a T1 diabetic and a future physician, I believe our healthcare system is more broken than ever, after the past 7 and a half years.

I have mixed feelings about diabetes being considered a disability. But, it’s better to have the protections there than not.

By: Sherry

Sherry — Tue, 30 Sep 2008 15:32:45 +0000

I also don’t feel disabled because of my diabetes. But, having lived with Type 1for 35 years without complications until a bout with retinopathy recently, I know how important this law is. I don’t know if, or when, my retinopathy might get worse – not to mention other complications that may be lurking. I appreciate knowing that I can fight discrimination in the workplace if I ever need to.

By: Lee

Lee — Sun, 28 Sep 2008 21:05:51 +0000

I agree with Gene that I don’t feel disabled because of my diabetes and I too am aware of the tremendous increase in paper work busyness…I worked with handicapped oops physicallly chalenged children when ADA first became law. What a mess…it actually reduced the quality of treatment for these children and youth.

Still, I am optimistic and hope that under the new regulations employers would not find loopholes to avoid their responsibility in hiring the most qualified person for a position. Perhaps there wouldn’t be so many of us considered unemployable and therefor under insured.

By: Rose Annerino

Rose Annerino — Sun, 28 Sep 2008 20:26:09 +0000

I’m glad he finally did something for the American welfare, I remember having disability social security, but when I should of had Medicade I was denied because it was ruled that my conditions would improve with treatment. Big joke to them I mean “what treatment?” I couldn’t afford any kind of treatment. It took7 years for me to qualify and of course I was much worse by than, so , I’m glad that he signed the darn thing so others wont have it hard to qualify for treatment for there condition.

By: Cherise

Cherise — Sun, 28 Sep 2008 03:12:22 +0000

It’s about time he did something that doesn’t benefit him!!!

By: Gene

Gene — Sat, 27 Sep 2008 20:22:24 +0000

Elijah: I’m just a realist, not a utopian. Until you’ve seen courts and administrative agencies in action enforcing these regulations, you have no idea of the price we pay for our measure of protection.

Moreover, this law adds more baggage than it removes. The worst thing for all diabetics is the truly distorted perception of others that we are incapable of functioning at their level without a helping hand. Sorry, not me.

Anyway, I have come to recognize that the large majority of those who frequent this site share the author’s leftward slant, (viz., “This will still likely stand as one of the few good moves that history will recall in association with this particular Administration” — puhleeze) and see no risk to liberty in strong government.

By: AmyT

AmyT — Sat, 27 Sep 2008 16:56:17 +0000

Thanks, everybody.

Adam: the implications are pretty big, in case you ever experience discrimination because of your diabetes (which I hope you won’t!)

For example, the way it stood before this amendment, an employer could say he’s not hiring you because your diabetes (or other condition) makes his insurance premiums go up. But then the court would say you’re not “disabled enough” for protection under the law — based on a precedent stating that if you have a “mitigating measure” like prosthetic or an insulin pump that allows you to control your illness, then you don’t qualify for protection. D’oh! The new amendment does away with such loopholes.

By: Jim

Jim — Sat, 27 Sep 2008 04:36:22 +0000

“This will still likely stand as one of the few good moves that history will recall in association with this particular Administration”

I’d also add that preventing another terrorist attack on US Soil since 9/11 should be at least one other good move history may recall.

But not to get political…

Good question adam. Amy can you help us understand what this may mean for working adults with type 1 DM? For example, would we be able to claim “points” on federal job applications for now being classified as having a disability? Not that I’m a gov’t employee but am very curious as I did a fellowship with the feds and know that is how their application process works. Points for various criteria etc.

Thanks! And thank you for your work and the site. It has been great to find and enjoy and learn from as a type 1 for 30 years. I appreciate your efforts in all areas.