This Note focuses on Americans with diabetes and their status as individuals with disabilities under the Americans with Disabilities Act (ADA) in the light of recent Supreme Court decisions. The Sutton trilogy requires courts to examine individuals with diabetes, and all individuals, in their treated or "mitigated" state to decide if they are disabled. Many people can substantially control their diabetes with insulin. But this mitigating (and life saving) measure may, under Sutton, cost them the protections of the ADA. This Note details the current law surrounding disability discrimination in employment and explains diabetes and the side effects and complications with and without the mitigating measure of insulin. The author highlights problems that Sutton raises or did not address and offers strategies and solutions for individuals with diabetes bringing anti-discrimination cases under the ADA.
Amy M. Kimmel,
Insulin: Can't Be Disabled with It--Can't Live without It: Creative Solutions for Employees with Diabetes Claiming Disability Discrimination in a Post-Sutton World,
52 Hastings L.J. 749
Available at: https://repository.uchastings.edu/hastings_law_journal/vol52/iss3/11