Diabetes Discrimination Lawsuit

The American Diabetes Association states in its website that diabetes is a disease in which the body does not produce or properly use insulin, a hormone needed to convert sugar, starches and other food into energy needed for daily life.  See, http://www.diabetes.org/about-diabetes.jsp .  The American Diabetes Association reports that diabetes has reached epidemic proportions in the United States.

In this regard, a Press Release at http://www.eeoc.gov/press/9-25-09g.html states that the U. S. Equal Employment Opportunity Commission (”EEOC”) has filed a disability discrimination lawsuit against a major telephone company in which EEOC attorneys charge that the telephone company violated federal law by refusing to hire an applicant in Austin, Texas simply because he is an insulin-dependent diabetic.  According to the September 25, 2009 Press Release, EEOC attorneys claim in the case that the company violated the Americans With Disabilities Act (”ADA”) by failing to hire an applicant as a cable splicer technician in Austin only because of his insulin use for type 2 diabetes.  As stated in the Press Release, the applicant indisputably had the necessary experience and expertise to perform the job and had previously safely performed a similar job for the company for many years after he was diagnosed with diabetes.  After the EEOC’s San Antonio Field Office determined the company had violated the law, EEOC attorneys filed the discrimination lawsuit in Austin once the EEOC first attempted to reach a voluntary out of court settlement.  An EEOC trial attorney in the San Antonio Field Office was quoted in the Press Release as saying that “Hiring decisions should be based on an applicant’s qualifications and not on myths, fears and stereotypes about actual or perceived disabilities related to diabetes and insulin use.” 

The EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including disability discrimination related to, for example, diabetes.  Further information about the EEOC is available in the agency’s website at www.eeoc.gov .  Whether diabetes related employment discrimination occurs in Austin, San Antonio or elsewhere, victims of diabetes associated discrimination may contact the EEOC and an attorney to determine if a disability discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential diabetes discrimination claim.