I have of experience at this having been discriminated against for my diabetes in 1986 and 2006 almost to the same date. The ADA was something I publicised for with my local JDF (which has since become JDRF) club in my town. Was really glad when it was passed, and I refused to quit my job for 5 years, while being told at every annual review that is was a “bad employee”. This was after it was acknowledged that I was mistreated in 1986, but the stigma was used against me every year, and I got negative annual “raises” (2.5 % when inflation was over 10%). I stuck it out on principle, because they were SO wrong.
So eventually the ADA was passed in 1990, the same yer I was finally laid f in a mass lay off. Since the ADA wasn’t effective for 2 years after that I filed charges under the original 1973 Presidential decree for Federal Contractors, since my employer, then the largest company in the world, definitely qualified for that. This was filed with the Federal Contract Compliance Office. Eventually they came back saying that this was never recorded in employee records with the company…
So apparently the employer MUST record their illegal activity in employee records.
So I appealed that decision, and got a certified letter saying it was on appeal. Some time later when I checked they said they had never heard of me, seems my file was lost!
So 20 years later, once again in early June, I was forced to complain when I realised that I was the ONLY employee in the department that NEVER got to work overtime, and everyone else was earned almost twice what I was, while I couldn’t handle my bills. So I complained through the State Civil Rights Office, since they seemed more effective than the EEOC here. The company fired the Employment Manager the day before the Federal Charge arrived in the mail, and their was nobody there to handle the charge, so it got delayed.
Eventually they came back saying that I had NEVER told my new Supervisor that I was a diabetic, and I couldn’t prove it because I hadn’t given it to her in writing on paper. TELLING them you ware diabetic doesn’t work, you can ONLY proved it with a paper.
Mind you in both jobs (as with every other job I’ve ever had) my attendance was 100%, my results were better than 90% of employees, and I accomplished things they never expected were possible.
After that rejection I was strung along without ANY meaningful OT until they decided to degrade my position at 25% less pay, then fired me pointblank over a technicality. When I filed charges with the EEOC they came back saying that the ADA law did no include diabetes as a disability, regardless of the fact that 19 diabetics and epileptics were awarded pay 3 years before, 6 months before my original state charges were filed. Seems it was in a different Federal Court DIstrict, so it didn’t apply here…
Mind you in both cases these were major companies that have the best lawyers on tap for any question. Working for smaller companies may be less risky for diabetics?
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I was hesitant to report having a disability at first, but I later came to realize that they really just want to be able to report how diverse their hiring is - they aren’t looking for reasons to discriminate. Since reporting this, I have been singled out by HR to apply for management positions - I suspect because not enough people with “disabilities” had applied. When my boss recommends I apply for a position, I know he thinks it’s a good spot for me, but when HR does it, I know it’s about quotas.
Having a disability (in the US anyway) makes you part of a protected minority, so reporting is probably more likely to benefit you than hurt you. Not every workplace is the same, so YMMV.
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