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  2. Is an employee who takes insulin daily to control his diabetes, but has no significant impact on his employment, protected under the Rehabilitation Act?

Is an employee who takes insulin daily to control his diabetes, but has no significant impact on his employment, protected under the Rehabilitation Act?

Yes, such a person is protected. The determination as to whether a person has a disability under the Rehabilitation Act is made without regard to mitigating measures, such as medications, auxiliary aids and reasonable accommodations. If an individual has an impairment that substantially limits a major life activity, she is protected under the Rehabilitation Act, regardless of the fact that the disease or condition or its effects may be corrected or controlled. However, a person with such a disability may not need accommodating if the disability is not currently interfering with the employee’s ability to perform his/her job duties.

 

Last Modified: Jun 12, 2023