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Man Wins Diabetic Discrimination Suit
THe Indy Channel ^ | December 16, 2005 | AP

Posted on 12/16/2005 12:28:32 PM PST by Abathar

INDIANAPOLIS -- A federal jury has awarded a Pendleton man $78,000 in back pay, saying he was discriminated against because he is diabetic.

Gary Branham works for the Internal Revenue Service. His promotion was rescinded after he listed insulin as a medication during a health screening for the job.

The IRS feared he could go into diabetic shock while on the job, which required him to carry a gun.

Branham's attorney said discrimination against diabetics stems from misunderstanding about its treatment. But he said advances in treatment allow diabetics to control their illness.

Although Branham won money in his lawsuit, he won't be able to get the promotion. The age limit for the applicants to the position is 37 and Branham is now 41.


TOPICS: Culture/Society; Government
KEYWORDS: diabetes; health; irs; lawsuit; ruling; workplace Comment #1 Removed by Moderator

To: Abathar

What branch of the IRS carries weapons?


2 posted on 12/16/2005 12:29:32 PM PST by VeniVidiVici (What? Me worry?)
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To: VeniVidiVici

The branch that takes care of those who don't file their returns on time.


3 posted on 12/16/2005 12:31:38 PM PST by stan the beaver (We will kill the ones who eat us, and eat the ones we kill!!)
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To: VeniVidiVici

I believe there are almost 500 federal agencies or departments that are armed.


4 posted on 12/16/2005 12:31:58 PM PST by ncountylee (Dead terrorists smell like victory)
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To: Abathar
"Although Branham won money in his lawsuit, he won't be able to get the promotion. The age limit for the applicants to the position is 37 and Branham is now 41."

Age discrimination is illegal.

Moreover, why do IRS agents (accountants) carry guns?

5 posted on 12/16/2005 12:32:34 PM PST by patton ("Hard Drive Cemetary" - forthcoming best seller)
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To: Abathar

The material you posted in response #1 is from the Indianapolis Star, a Gannett publication. http://www.freerepublic.com/focus/f-news/1111944/posts

Please do not attempt to bypass copyright restrictions again.


6 posted on 12/16/2005 12:33:11 PM PST by Admin Moderator
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To: patton
Age discrimination is illegal.

In most cases, but not with the government. You can forget a career with the Office of the Inspector General if you're over 35 years of age. They just won't take you. And that's policy.

7 posted on 12/16/2005 12:38:49 PM PST by Prime Choice (We are RepubliCANs, not RepubliCAN'Ts.)
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To: VeniVidiVici
Enforcement I guess. Since I did something to offend the Moderator I was just going to say my grandfather was diabetic and he got really angry when his blood sugar dropped, and I would never want to see him armed when this happened. I don't know if his symptoms are common though, maybe the restrictions are there for a good reason.
8 posted on 12/16/2005 12:39:15 PM PST by Abathar (Proudly catching hell for posting without reading since 2004)
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To: VeniVidiVici

Enforcement


9 posted on 12/16/2005 12:42:37 PM PST by wolfcreek
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To: Abathar

Must be the branch of the IRS that took a woman to court over $1 in back taxes.


10 posted on 12/16/2005 12:44:22 PM PST by coconutt2000 (NO MORE PEACE FOR OIL!!! DOWN WITH TYRANTS, TERRORISTS, AND TIMIDCRATS!!!! (3-T's For World Peace))
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To: VeniVidiVici
What branch of the IRS carries weapons?

Just my luck it'll be the branch that comes after me.

11 posted on 12/16/2005 12:48:01 PM PST by WIladyconservative (Save us from future Freepathons - set up a monthly donation!)
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To: Abathar
At one time there was an intelligence division of the IRS. Don't know if it still exsists but they were bad boys with arrest powers. We had a reserve officer that came to my unit for his 2 weeks of active duty each year that kept us on the edge of our seats with his tales of apprehension and confiscation. He hated lawyers,doctors and CPA's!
12 posted on 12/16/2005 12:51:51 PM PST by BTCM
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To: Abathar
I was just going to say my grandfather was diabetic and he got really angry when his blood sugar dropped, and I would never want to see him armed when this happened. I don't know if his symptoms are common though, maybe the restrictions are there for a good reason.

Lots of different things can happen if a diabetic goes low -- depends on the person, and on what he's been eating and doing. My son is well-controlled, but still goes low from time to time. Most diabetics do -- any number of factors can contribute, including stress.

I have to agree with the IRS on this one -- in a job like the one in question, which is high-stress, you really can't take chances on a somewhat unpredictable physical malady making them unable to perform when they need to. It's just asking for trouble.

13 posted on 12/16/2005 12:58:39 PM PST by r9etb
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To: r9etb

My son gets angry when his blood sugars are too high. He never gets mad when he goes low. Interesting.


14 posted on 12/16/2005 1:10:57 PM PST by JRochelle
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To: JRochelle
My son gets angry when his blood sugars are too high. He never gets mad when he goes low. Interesting.

My son definitely gets angry when he's high, but he can get irritable when he's low. Some folks say that they get really mean when they're low, though I've never seen that.

I don't think the issue is a matter of temper, however, so much as it is the possibility of being incapacitated by a low at a bad time.

15 posted on 12/16/2005 1:15:50 PM PST by r9etb
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To: Abathar

Sounds like his boss made a stupid move (or defense counsel lacked adequate skills.) I dealt with a suit brought by a cop (who obviously carried a gun) who said he was discrimated against because he is diabetic. We ended up winning because a federal judge agreed that his diabetes was not a physical disability which substanitally limited a major life activity.


16 posted on 12/16/2005 1:56:15 PM PST by armyavonlady
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To: VeniVidiVici
The IRS feared he could go into diabetic shock while on the job, which required him to carry a gun.

Bad journalism! What part of a diabetic shock would require anyone to carry a gun?

17 posted on 12/16/2005 2:05:48 PM PST by Cletus.D.Yokel (* - The F stands for swi(F)t boat commander)
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To: VeniVidiVici

The honest ones.


18 posted on 12/16/2005 2:08:19 PM PST by Old Professer (Fix the problem, not the blame!)
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To: Prime Choice

Air Traffic Controllers also have an upper limit for initial hires.


19 posted on 12/16/2005 5:18:01 PM PST by ops33 (Retired USAF Senior Master Sergeant)
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To: Abathar
Since I did something to offend the Moderator I was just going to say my grandfather was diabetic and he got really angry when his blood sugar dropped, and I would never want to see him armed when this happened.

Odd. I'm diabetic (result of pancreatic cancer) but I do not experience anything even remotely close to anger when my blood sugar drops. I may get irritable, but that's to be expected when your energy level drops to nil, your heart starts racing and you start sweating like it's 120 in the shade. That sort of thing rarely happens since I can carry my glucose monitoring kit, testing strips, and a few glucose tablets in my shirt pocket.

20 posted on 12/16/2005 6:52:49 PM PST by Prime Choice (We are RepubliCANs, not RepubliCAN'Ts.)
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