FOR IMMEDIATE RELEASE                                                                                                     

CR

TUESDAY, JULY 28, 1998                                                                                       

(202) 616 2765

TDD (202) 616 1888

 
ARIZONA AND NORTH CAROLINA STATE AGENCIES AGREE TO


NOT DISCRIMINATE AGAINST DIABETICS

 
 
	WASHINGTON, D.C.    School bus drivers in Arizona and North Carolina will no
longer face discrimination in hiring or risk being  fired just because they have diabetes, under
two agreements reached today with the Justice Department.

	The two out of court agreements settle a series of complaints filed with the Justice
Department after school districts in each state were forced to fire diabetic school bus drivers with
accident free driving records.

	Under state law in Arizona and North Carolina, persons with diabetes who use insulin are
barred from operating a school bus.  The Arizona Department of Transportation and the North
Carolina Division of Motor Vehicles have enforced the laws, even though they are inconsistent
with federal disabilities law.

	Contrary to requirements of the Americans with Disabilities Act (ADA), the state laws
were applied without regard to whether a person's condition actually prevented them from safely
operating a vehicle.

	"These agreements will fix policies based on a stereotype that people who have diabetes
and use insulin are unsafe drivers.  That is just not true,"  said Acting Assistant Attorney General
for Civil Rights Bill Lann Lee.  "We are committed to protecting the right of individuals with
disabilities to be free from unlawful discrimination in the workplace."

	Under both agreements, the states will stop the practice of automatically barring
individuals from operating a school bus on the basis of their diabetes.  North Carolina will enact
new regulations.  Arizona already has enacted such regulations.  

	Consistent with the ADA's requirements, the states will rigorously assess people with
diabetes who use insulin on an individual basis to see if the person's diabetes can be controlled
and monitored.  Drivers who are deemed eligible to operate a school bus also will be subject to
stringent requirements designed to ensure continued safety.

	Under the agreements, the state transportation agencies also will pay a combined amount
of $19,000 to compensate the two individuals in Arizona and North Carolina who were victims
of the states' discriminatory requirements.  

	For several years, the two individuals had operated school buses for local school districts
safely and without any health related incidents.  They ultimately were terminated by their school
districts based on the requirements.  

	The Yuma, Arizona, Elementary School District No. 1 has agreed with the Justice
Department to reinstate one person to her school bus driver position.

	Those interested in finding out more about the ADA can call the Department's toll free
information line at (800) 514 0301 (voice) or (800) 514 0383 (TDD) or access the ADA Home
Page on the World Wide Web at [http://www.usdoj.gov/crt/ada/adahom1.htm]

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