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Thelawman2
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I have type ! Diabetes and Kidney disease. I am at 20% function

Customer Question

I have type ! Diabetes and Kidney disease. I am at 20% function and will be needing a kidney transplant next year. My boss has added more responsibility to my teaching load. I have asked to be relieved of this duty because I am very tired. He insists that I carry these 3 extra classes. I need to continue to work until I can't. What can I do to get him to understand my health condition/
Submitted: 1 year ago.
Category: Legal
Expert:  Thelawman2 replied 1 year ago.

Thelawman2 :

The American with Disabilities Act is the controlling law in this situation. The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet on a case by case basis (EEOC Regulations . . . , 2011). A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment (EEOC Regulations . . . , 2011).


However, according to the Equal Employment Opportunity Commission (EEOC), the individualized assessment of virtually all people with diabetes will result in a determination of disability under the ADA; given its inherent nature, diabetes will almost always be found to substantially limit the major life activity of endocrine function (EEOC Regulations . . . , 2011).

Thelawman2 :

Diabetes is a disability when it substantially limits one or more of a person's major life activities. Major life activities are basic activities that an average person can perform with little or no difficulty, such as eating or caring for oneself. Diabetes also is a disability when it causes side effects or complications that substantially limit a major life activity. Even if diabetes is not currently substantially limiting because it is controlled by diet, exercise, oral medication, and/or insulin, and there are no serious side effects, the condition may be a disability because it was substantially limiting in the past (i.e., before it was diagnosed and adequately treated). Finally, diabetes is a disability when it does not significantly affect a person's everyday activities, but the employer treats the individual as if it does. For example, an employer may assume that a person is totally unable to work because he has diabetes. Under the ADA, the determination of whether an individual has a disability is made on a case-by-case basis.

Thelawman2 :

The ADA requires employers to provide adjustments or modifications to enable people with disabilities to enjoy equal employment opportunities unless doing so would be an undue hardship (i.e., a significant difficulty or expense). Accommodations vary depending on the needs of the individual with a disability. Not all employees with diabetes will need an accommodation or require the same accommodation. If you feel that your employer is not accommodating you and your illnesses, then you can file a complaint against them....but you should make them aware of the situation first.

Customer:

Thank you for your advice. I appreciate it. They are clearly aware of my situation.

Thelawman2, Attorney
Category: Legal
Satisfied Customers: 778
Experience: Attorney-at-Law
Thelawman2 and 5 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your help.

Expert:  Thelawman2 replied 1 year ago.
You are welcome.

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