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Is Diabetes a Disability in California?

May 20, 2024
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Diabetes discrimination in the workplace can harm everyone. Diabetic workers have the right to reasonable accommodations under California Law. If you’ve experienced disability discrimination, California disability and discrimination attorneys suggest that you consult a disability attorney. A seasoned California disability discrimination lawyer at Pisegna and Zimmerman, LLC can offer assistance.

Diabetes Disabilities

If your pancreas cannot process blood sugar, it discharges erratic amounts of insulin. This diagnosis means that the function of your endocrine system is substantially restricted. Being diagnosed with Type 1 diabetes means you are insulin-deprived and your body needs more of it to help you absorb sugar. Type 2 diabetics are insulin-resistant so their blood sugar levels rise without medication. Both types of diabetes may cause negative health developments.

Diabetes may impact your pancreas and several other bodily functions. One of the most common secondary conditions is diabetic neuropathy. Neuropathy affects how your nerves activate throughout the body and can cause devastating pains, especially in the extremities.

Definition of Disability Under California Law Disabilities Act

California law defines disabilities as conditions that limit major life activities. These conditions can be physical, mental, or medical. California often provides broader disability protections compared to federal law.

Examples of covered California disabilities are:

  • Anatomical loss
  • AIDS
  • Cancer
  • Digestive disorders
  • Diabetes 
  • Learning disabilities
  • Mental health complications
  • Obsessive Compulsive Disorder
  • Reproductive disorders

According to California employment law, an individual qualifies as having physical impairments when they meet the following criteria:

  • Have a physical or mental impairment, special education, or medical condition that limits one of their major life activities
  • Have a record of the disability and it is known to their employer 

California’s Civil Code Sections 54-55.2 grants people with disabilities the same legal rights as other people to use streets, public spaces, walkways, medical facilities, and other public facilities. The following points can help  determine if you are disabled:

  • You may not be eligible for a disability claim if you’re employed and your monthly income exceeds $1,220
  • Your disability must limit or significantly prohibit your ability to walk, sit, remember, and stand within 12 months
  • Your condition causes medically severe symptoms
  • Your condition is listed under disabled provided by The Social Security Administration 
  • Your condition limits how you function and has changed the way you live

California Disability Benefits Laws 

California state law protects workers with disabilities. According to the Americans with Disabilities Act (ADA) and the Rehabilitation Act, employers with fifteen or more employees cannot discriminate against qualified individuals with disabilities. The California Fair Employment and Housing Act (FEHA) outlaws discrimination by employers with five or more employees. 

If you have a diabetes disability, you cannot be harassed, demoted, terminated, paid less, or treated poorly in the workplace because of your disability. An employer generally cannot refuse to hire you if you have diabetes. It’s imperative that you can perform the essential functions of your job with or without reasonable accommodation. You are not required to disclose that you have diabetes, even if you have an insulin reaction, unless you need a reasonable accommodation during the application process.

Employers typically may not ask you any questions about your diabetes or treatment even if you tell them that you have diabetes. If you declare that you have diabetes at a job interview, an employer can ask you whether you will need reasonable accommodations. If you’ve been offered a position, employers can ask more detailed questions about your diabetes and could request that you present medical documents that assess your ability to perform your job. 

Diabetes Disability Claim Factors 

Although diabetes can be a debilitating disease, it doesn’t necessarily mean you qualify for long-term disability benefits. Before you can secure benefits, you’ll need to provide evidence that you’re disabled and you can’t do your usual job or any job you’re suited for. Consider that many individuals with diabetes can work until retirement. If you’re having trouble with your diabetes disability process, Pisegna and Zimmerman, LLC can help 

Federal Law, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) Benefits

SSDI provides disabled adults with benefits and is available to those who meet the following criteria:

  • Has worked more than five years and paid Social Security taxes
  • The injury or disability will last 12 months or more
  • Currently being treated by a doctor or has an established course of treatment

SSI provides benefits for the following individuals:

  • Someone who is blind, injured, or disabled.
  • An individual with an injury or disability that can last at least 12 months 
  • The individual is currently being treated by a doctor or has a treatment plan
  • The person can’t provide for their basic needs such as food, water, shelter, and clothing
  • An adult child who is under a parent’s earning record and disabled before the age of 22

People with diabetes, both type 1 and type 2, do not always qualify for Social Security disability benefits. If you need assistance with your diabetes disability benefits, consider speaking with a California disability attorney. Pisegna and Zimmerman, LLC can offer assistance with filing the proper paperwork and guide you to receiving your benefits.

Reasonable Accommodation for Individuals With Diabetes in CA

Reasonable accommodations are workplace modifications that enable an employee or job applicant to successfully perform their basic job duties. However, reasonable accommodations do not change the basic duties of the job. Determining if your accommodation request is reasonable depends on the nature of your job. The accommodation should not be unnecessarily costly or disruptive for your employer.

Your employer is required to accommodate only known disabilities so you should tell your employer that you have a disability and need accommodation to protect your rights. You are allowed to request more than one accommodation under CA law. 

Photo of a Depressed Man

What if My Employer Is Unwilling To Accommodate My Diabetes Needs?

Your employer is not required to grant your preferred accommodation but is required to provide you with reasonable accommodations that allow you to do your job. If you have requested accommodations and your employer has refused, you can ask them for alternative options so that you can perform your duties. 

If your employer refuses to grant you accommodations, call Legal Aid at the Worker’s Disability Rights Helpline at 877-350-5441 or speak with a professional Los Angeles disability attorney. 

California Diabetes Disability Discrimination

Workplace disability discrimination is forbidden under the ADA and California’s FEHA. These laws prohibit discrimination if you are a job applicant or employee with one of the following:

  • Current diabetes disability
  • History of diabetes
  • Perceived diabetes-related disability
  • Close relationship with someone with a diabetes disability

You could be eligible for damages for disability discrimination based on diabetes if you’ve been denied access to accommodations or benefits even though you meet the state laws and federal laws. Pisegna & Zimmerman Attorneys at Law can help prove that your employer took one of the following adverse employment actions against you because of your diabetes:

  • Failure to hire
  • Demotion
  • Harassment
  • Wrongful termination
  • Failure to promote
  • Pay discrepancies

If you believe that your employer is discriminating against you because of diabetes, seasoned California disability attorneys can provide you with legal aid. You can also call Legal Aid at Worker’s Disability Rights Helpline at 877-350-5441.

Pisegna and Zimmerman is a full-service law firm with over 60 years of combined experience in SSI, SSDI, disabilities, and personal injury law. We understand diabetes disabilities and that is why we are committed to obtaining the maximum amount of compensation available for our clients.

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