Return to Home PageThank you very much, Chair Weiss, for the kind words and tremendous honor which you, your fellow Board members, and the entire ADA membership have bestowed on the Commission. We are honored to be in the company of such a dedicated, hard working, and distinguished group of award recipients.
To work in a field that one feels passionate about is already a gift and a privilege; to be recognized for it is an honor that the Equal Employment Opportunity Commission shall always cherish. I cannot express adequately how proud I feel to accept the Charles H. Best Medal on behalf of the Commission. Rose Kennedy once observed, "Life is not about milestones; life is about moments." This is a moment we will always remember.
By honoring the Commission, you are also honoring the courageous men and women with diabetes who have come forward and spoken out against discrimination in the workplace. Thanks to them, we have been able to right a wrong. They've risked their jobs to make the workplace better for those coming up behind them.
By honoring the Commission, you are also honoring the fine work of the American Diabetes Association. We rely on the ADA to bring issues and concerns to our attention. The ADA is a strategic partner in furthering our mission of non-discrimination.
By honoring the Commission, you also honor the 2,800 EEOC employees who are here in spirit today beside me on this platform. They have worked tirelessly since 1990, when Congress enacted the Americans with Disabilities Act, to ensure that the promise of equal employment opportunity becomes a reality for people with diabetes.
The Americans with Disabilities Act of 1990 is the youngest of the laws under EEOC's jurisdiction. In the first decade since the Act took effect, the EEOC investigated more than 175,000 disability discrimination charges, with about four percent filed by individuals with diabetes. During this period, the agency was able to resolve 7,000 meritorious charges involving people with diabetes, recovering more than $13 million in benefits on their behalf. Most significantly, we were able to remove policies and practices that excluded people with diabetes from fully participating in employment opportunities.
The work of pioneers such as Dr. Charles H. Best and of pioneering organizations like the ADA has made it possible for most people with diabetes to live full and productive lives and to work in whatever jobs they wish, with few or no workplace accommodations. But we at EEOC are charged with ensuring that employer attitudes about diabetes keep pace with medical and scientific progress. We still have a lot of work to do.
One of the problems EEOC encounters most often is that too many employers still maintain policies which automatically exclude people with insulin-dependent diabetes from certain jobs, even though the law requires that a separate assessment be conducted for each individual based on his or her unique circumstances.
In a recent EEOC case, a man with diabetes was offered a job as a baggage handler by a major commercial airline. Although he passed a pre- placement physical, when the company's physician learned that the applicant had insulin-dependent diabetes, the offer was withdrawn. The airline's argument was that the man posed a direct threat to himself or others because his diabetes was poorly controlled. The company declined to work out a voluntary resolution with EEOC. In court, a Memphis jury rejected the company's defense, returning a verdict in favor of the complainant.
Another all-too-frequent scenario is that an employee with diabetes is terminated after requesting a simple accommodation. Just last month, EEOC settled a lawsuit with, ironically, a candy company in Wisconsin. We had filed a suit on behalf of a diabetic temporary worker who was fired when he inquired about where he might dispose of needles used to take insulin shots during the workday. The company contacted the temporary agency that had placed the worker in the job and insisted that he be removed. The company cited "safety concerns" as its justification, even though there was no evidence suggesting that the employee posed a risk of harm to himself or anyone else in the workplace. When an attempt to resolve the matter voluntarily was unsuccessful, the Commission filed suit. The settlement requires, among other things, that the company provide training for all of its managers and supervisors on the requirements of the Americans with Disabilities Act.
Ultimately, however, equal opportunity for people with disabilities will not be measured solely in terms of the number of charges that EEOC is able to resolve or our record in the courts. It will be measured in terms of the number of people who obtain and retain jobs without ever having to file a charge with us. Toward this end, I am committed to a strategy of proactive prevention that requires the Commission to forge new partnerships and strengthen existing ones.
That is why the Commission is so excited about its partnership with the ADA. A productive meeting held back in February between our two organizations has led to several joint initiatives. I will mention just a few.
First, with technical assistance from the ADA, EEOC has begun work on a fact sheet addressing the rights of people with diabetes in the workplace. This fact sheet will have massive distribution.
Second, we discussed mutual concerns about Department of Transportation regulations that currently exclude all people with insulin- treated diabetes from opportunities to drive commercial motor vehicles. I recently wrote to Transportation Secretary Norm Mineta requesting a personal meeting with him to discuss how a waiver program consistent with the spirit of the New Freedom Initiative, the Americans with Disabilities Act, and the interests of public safety can be successfully integrated. We will keep the ADA apprised of developments as they occur.
A third area of discussion addressed how we might collaborate in better educating medical professionals, particularly those who practice occupational medicine, about their role as employment advocates for people with diabetes. As a first step, EEOC has facilitated a dialogue between the American College of Occupational and Environmental Medicine and the American Diabetes Association.
Finally, in the near future, we talked about arranging a joint EEOC- ADA training on employment discrimination issues for ADA volunteer attorneys and other stakeholders.
Discrimination, like diabetes, is a disease of epidemic proportions. We each have a role to play not only in controlling the symptoms of the illness through aggressive education and treatment, but ultimately, in finding the cure. That is why I am especially pleased to have this opportunity to convey our appreciation for the leadership efforts of Mike Weiss, Fran Kaufman, Marty Funnell, other fellow officers, and the terrific staff we work closely with. We appreciate the work we've started with them and look forward to continuing it with the incoming officers, to whom we extend our congratulations.
In closing, I'll leave you with inspiring words from Oliver Wendell Holmes, who retired from the Supreme Court at the age of 90 and passed away just before his 94th birthday. Holmes once said, "The secret to a long life is to develop a chronic illness." As a diabetic, I have to say that Justice Holmes was right. . . . I look after my health better now than before my diagnosis! I read up on the latest developments, monitor, exercise, and visit my doctor regularly. I've even tried out some of the healthy recipes from your cookbooks that I wouldn't have considered before! And I look forward, always, to receiving each month's edition of Diabetes Forecast, even when I'm not on the cover! My condition has heightened my commitment to healthy living.
But most importantly, Oliver Wendell Holmes once also observed that to "live fully is to be engaged in the passions of one's times." I can think of no greater passion that finding a cure to diabetes while improving the lives, at home and at work, of people with diabetes. Thank you. And thank you, volunteers!
This page was last modified on July 1, 2003.