Diabetes is a complex condition that prevents the body from maintaining healthy levels of glucose in the blood.
Under most laws, both type 1 and type 2 diabetes are considered a disability. This ensures that there are rights and protections under the law to prevent those with diabetes from being discriminated against. This can apply in the workplace, at school, in public places, and in interactions with law enforcement.
Verywell / Jessica Olah
Diabetes as a Disability
In the United States, diabetes is considered a disability under federal law. This is in acknowledgment of the fact that diabetes limits the function of the endocrine system at a substantial level.
Invisible DisabilityDefining diabetes as a disability under federal law also acknowledges that diabetes can be an “invisible” disability and can be present even if a person with diabetes is healthy and their condition is well managed.
Invisible Disability
Defining diabetes as a disability under federal law also acknowledges that diabetes can be an “invisible” disability and can be present even if a person with diabetes is healthy and their condition is well managed.
In the United States, relevant federal laws like the Americans with Disabilities Act and the Rehabilitation Act are in place to protect those with disabilities.
In 2008, changes were made to the Americans with Disabilities Act under the Americans with Disabilities Act Amendments Act of 2008. Changes to that act emphasized that diabetes would virtually always be considered a disability under the Americans with Disabilities Act.
Diabetes Rights and Protections
Those living with diabetes deserve fair treatment in:
Rights and protections for people with diabetes are in place to ensure this occurs.
School
Diabetes requires 24/7 management. For children living with diabetes, this includes time spent at:
Under federal law, children have the right to receive diabetes and other care they need in order to participate in school life the same as any other child. Under federal law, schools are required to provide:
Under federal law, schools cannot:
State laws can be complicated and can be unclear regarding who should care for a child with diabetes at school. Some states give more protections than others.
Federal vs. State LawsRegardless of any state laws, children with diabetes are still protected under federal laws.
Federal vs. State Laws
Regardless of any state laws, children with diabetes are still protected under federal laws.
Work
Under federal law, those with diabetes have rights and protections in the workplace.
Reasonable AccomondationsReasonable accommodations must be given to those with diabetes. This could include:Regular breaks to check blood sugar levelsA seat if neuropathy is present
Reasonable Accomondations
Reasonable accommodations must be given to those with diabetes. This could include:Regular breaks to check blood sugar levelsA seat if neuropathy is present
Reasonable accommodations must be given to those with diabetes. This could include:
Under the law, workplaces are required under antidiscrimination laws to provide reasonable accommodations.
Under the Family Medical Leave Act (FMLA), employees who have to miss work due to a serious medical condition, or to care for a family member with a serious medical condition, are protected.
Diabetes is considered a serious medical condition if it requires a visit to the healthcare provider or hospitalization at least twice a year. Those with diabetes who qualify under the FMLA can take up to 12 weeks of unpaid leave. Legally, employers are required to allow this leave.
Parents who have children with diabetes can also take leave under FMLA.
To qualify for FMLA, a person needs to have worked at the same employer for 12 consecutive months, for at least 1,250 hours. The employer also has to have a minimum of 50 employees within 75 miles of each other.
An employer can require a person to use up accrued leave and count this towards the 12 weeks.
Law Enforcement
Those with diabetes have rights and protections to keep them healthy and safe when dealing with law enforcement or when in jail or prison.
Those in jail or prison have rights to adequate medical care and equal treatment under federal law.
Adequate CareAdequate care needs vary from person to person but may include:Blood sugar monitoringAccess to insulinAccess to appropriate wound careReferral to specialist
Adequate Care
Adequate care needs vary from person to person but may include:Blood sugar monitoringAccess to insulinAccess to appropriate wound careReferral to specialist
Adequate care needs vary from person to person but may include:
Public Places
Under federal laws, most public places and programs are prevented from discriminating against those with diabetes. People with diabetes cannot be excluded from public places because of diabetes or be denied access to supplies for diabetes.
In public places, people with diabetes may be entitled to:
Types of Benefits
Those with diabetes can sometimes be eligible for disability benefits, but not in all cases.
Those living with diabetes don’t always qualify for Social Security disability benefits.
To get Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) there needs to be serious problems with diabetes. This can vary based on state.
Applying for Benefits
To apply for benefits, your healthcare provider can provide reports detailing your limitations and what you can and cannot do.
To qualify for SSI or SSDI, a person must have a disability that prevents them from either:
The Disability Determination Service will collect evidence and decide if the disability definition has been met.
Learn More About Benefits
To locate your local office or learn ways to contact the SSA clickhere.
To learn more about government benefits, visit this site.
A Word From Verywell
Diabetes can be a complicated condition and is considered a disability under federal law. Rights and protections are in place to ensure those living with diabetes are protected against discrimination and are given the same opportunities as those without diabetes.
Rights and protections are mandated under federal law and can apply in schools, the workplace, in public places, and in dealings with law enforcement.
8 SourcesVerywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.American Diabetes Association.Is diabetes a disability?American Diabetes Association.Demonstrating coverage under the ADA Amendments Act of 2008 for People with Diabetes.American Diabetes Association.Safe at school.American Diabetes Association.Common reasonable accommodations for individuals with diabetes.American Diabetes Association.Family and Medical Leave Act (FMLA).Lorber DL, ElSayed NA, Bannuru RR, et al.Diabetes management in detention facilities: a statement of the American Diabetes Association.Diabetes Care. 2024;47(4):544-555. doi:10.2337/dci24-0015American Diabetes Association.Fact sheet on discrimination in public places and government programs.American Diabetes Association.Fact sheet – social security disability programs.
8 Sources
Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.American Diabetes Association.Is diabetes a disability?American Diabetes Association.Demonstrating coverage under the ADA Amendments Act of 2008 for People with Diabetes.American Diabetes Association.Safe at school.American Diabetes Association.Common reasonable accommodations for individuals with diabetes.American Diabetes Association.Family and Medical Leave Act (FMLA).Lorber DL, ElSayed NA, Bannuru RR, et al.Diabetes management in detention facilities: a statement of the American Diabetes Association.Diabetes Care. 2024;47(4):544-555. doi:10.2337/dci24-0015American Diabetes Association.Fact sheet on discrimination in public places and government programs.American Diabetes Association.Fact sheet – social security disability programs.
Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.
American Diabetes Association.Is diabetes a disability?American Diabetes Association.Demonstrating coverage under the ADA Amendments Act of 2008 for People with Diabetes.American Diabetes Association.Safe at school.American Diabetes Association.Common reasonable accommodations for individuals with diabetes.American Diabetes Association.Family and Medical Leave Act (FMLA).Lorber DL, ElSayed NA, Bannuru RR, et al.Diabetes management in detention facilities: a statement of the American Diabetes Association.Diabetes Care. 2024;47(4):544-555. doi:10.2337/dci24-0015American Diabetes Association.Fact sheet on discrimination in public places and government programs.American Diabetes Association.Fact sheet – social security disability programs.
American Diabetes Association.Is diabetes a disability?
American Diabetes Association.Demonstrating coverage under the ADA Amendments Act of 2008 for People with Diabetes.
American Diabetes Association.Safe at school.
American Diabetes Association.Common reasonable accommodations for individuals with diabetes.
American Diabetes Association.Family and Medical Leave Act (FMLA).
Lorber DL, ElSayed NA, Bannuru RR, et al.Diabetes management in detention facilities: a statement of the American Diabetes Association.Diabetes Care. 2024;47(4):544-555. doi:10.2337/dci24-0015
American Diabetes Association.Fact sheet on discrimination in public places and government programs.
American Diabetes Association.Fact sheet – social security disability programs.
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