Know Your Rights

Fair Treatment for People With Diabetes

Know Your Rights

Fair Treatment for People Who Have Diabetes

Everyone Who Has Diabetes Deserves Fair Treatment…

At Work

At School

By Police

In Correctional Facilities

In Other parts of Daily Life

But That Does Not Always Happen

In certain cases, they don’t realize what is happening…

They just know that something doesn’t seem right!

What is Unfair Treatment (Discrimination) Due to Diabetes?

It might look like this…

At Work:

A pharmacist is not allowed to take a lunch break to eat and test his blood glucose.

Or like this…

At School:

A child is unwelcome in 98 of a school district’s 103 elementary schools because of strict school district policy about how students with diabetes receive diabetes care at school.

Or like this…

At the Airport:

A traveler is forced to take off her diabetes pump at the airline security checkpoint because of a lack of understanding by security personnel.

Or like this…

In Police Custody:

A man is arrested and denied any medical care.

What is Unfair Treatment Due to Diabetes?

Treatment that prevents a person who has diabetes from a normal experience just because of having diabetes.

This is Called Discrimination And It Might Not be Legal!

Legal Protections for People Who Have Diabetes

Federal Laws

• Prohibit discriminatory treatment of people with diabetes at work, at school and in other parts of daily life.

• Protect “qualified individuals with disabilities.”

Diabetes is considered a Disability under federal law.

The Association’s Legal Advocacy Department provides specialized help for these situations, as needed.

The American Diabetes Association receives an average of 250 calls per month related to diabetes discrimination.

Legal Advocacy has Helped Employees

Stephen Orr

•Pharmacist in the Midwest

•Denied lunch break to eat and test his blood glucose.

•Then, terminated for taking that break.

•Legal Advocacy helped cause a change in federal law that now gives people with diabetes greater protect under the Americans with Disabilities Act at work, school and in other public places.

Legal Advocacy has Helped Students

Jared Milligan

•As a kindergarten student in Florida, he was unable to attend his local school unless a family member came to school every day to administer his insulin.

•His Mom, Tracy, contacted the American Diabetes Association and led the effort to pass Florida state legislation prohibiting so-called “diabetes schools.”

•A new policy now requires (upon parental request) Duval County public schools to provide diabetes care to students, in their current schools.

Legal Advocacy has Worked with Police/Correctional Facilities

Philadelphia

•Steve Rosen was arrested and denied medical care for almost one full day; He had to be transferred to the emergency room.

•The American Diabetes Association participated in the case to prevent similar incidents in the future.

•The police then established procedures to make sure that people with diabetes have access to medication, food and medical personnel, and that police officers receive training about diabetes symptoms and care.

Legal Advocacy has Focused on Air Travel

• Stepping up for the rights of travelers who have diabetes.

• Working with Transportation Security Administration (TSA) so that passengers with diabetes have access to their diabetes supplies and equipment.

• Assisting TSA in development of its training materials.

• Providing regular feedback to TSA about issues involving travelers who have diabetes.

These are not the only examples of diabetes discrimination.

When diabetes discrimination happens,

what should a person do?

Call: 1-800-DIABETES (342-2383)

When Someone Calls 1-800-DIABETES

A trained representative will answer, who will provide information and, sometimes, a form to complete and return by fax, email or postal mail.

When needed, a Legal Advocate (American Diabetes Association lawyer experienced with diabetes discrimination) will contact the caller to offer assistance.

When More Than Just a Phone

Conversation or Information is Needed

Sometimes, the caller will be connected with an attorney or health care professional in that local area for additional help.

..and, in certain cases, when it is necessary, the American Diabetes Association will

take legal action or work on legislation to resolve specific

discrimination problems.

Attorneys Needed: to Join Our Advocacy Attorney Network

• Attorneys around the country who may write letters, make phone calls, represent children/adults, change unfair laws and more.

• May participate pro bono or as part of a practice.

• Are never obligated to participate on any particular case; participation is per the attorney’s interest and availability.

Join at diabetes.org/AttorneysWanted

Needed: More Members of the Health Care Professional Legal Advocacy Network

•Doctors, Nurses, Diabetes Educators, other medical professionals.

•May make phone calls, write letters, educate, provide expert testimony, other.

•Are never obligated to participate on any particular case; participation is per the member’s interest and availability.

•Expertise in diabetes discrimination is appreciated, but not necessary.

Join at diabetes.org/PatientRights

So, if Discrimination Happens...

The American Diabetes Association is Here!

Call 1-800-DIABETES ! “Knowing that there are people willing to help makes a big, fulfilling difference in my life…..It is good to know I am not alone and that I have you in my corner.”

- Employee who has diabetes

Information also available at diabetes.org/gethelp.

The American Diabetes Association’s Legal Advocacy activities are supported by a grant

from Novo Nordisk.

Thank You!