Diabetes and Your Rights

Questions & Answers

Can people with Diabetes Move to the Top of the Section 8 Wait List ?

Through the Section 8 Housing Choice Voucher Program, the Housing Authority of Santa Clara County helps County residents afford rent by paying a portion of the rent directly to their landlord. All households who want assistance through the program must first place their name on the Housing Authority Section 8 Waiting List. In many cases, families may have to wait 4 to 6 years before their name reaches the top of the list.

Santa Clara County does not prioritize people with diabetes or other disabilities on the wait list. The only people in Santa Clara County who are given priority in getting Section 8 vouchers are the chronically homeless. In certain individual cases, individuals may be able to request a reasonable accommodation based on their disability to change their order on the wait list. (Counties are allowed under Federal regulations to consider disabilities and some other California counties may do so).

Can Employees Use Vacation or Sick Time To get Paid While On Leave ?

Under California and Federal law, many employees are eligible for up to 12 weeks of unpaid leave to take care of their own medical condition or a sick family member. Employees may chose to use vacation time to replace their wages while they are on leave. Employers can also force an employee to use accrued vacation time during leave. Similarly, employees can chose to use sick time, or employers can force employees to use sick time, during leave.

Are Volunteers Covered by the Same Disability Laws as Paid Employees?

Volunteers are generally not covered by employment laws, including the American's with Disabilities Act, either because the law expressly excludes volunteers, or because volunteers don't fit within the law's definition of an "employee" who is protected. However, if someone receives substantial compensation (even if not wages), like health care benefits, grants or scholarships, they may be considered an employee.

Which Insurance Policies must follow the Mandate to Cover Diabetes Supplies?

For general information on the mandate to cover diabetes supplies:
http://www.ncsl.org/programs/health/diabetes.htm#California

Which plans must follow mandate:
No: Self-Insured Employee Health Benefit Plans (when the employer retains the risk and covers the costs of medical claims)

Yes: Fully Insured Employee Health Benefit Plans (when employer purchases coverage from a state-regulated insurance carrier, and the carrier assumes the risk)

- The mandate should apply to any insurance carrier that can sell plans in California, as long as the plan is the type that's covered (see above). If the plan was purchased outside the state, California regulations probably do not apply - but the plan should have to comply with that state's mandates

Do Taxi/Limousine Drivers have to get a Commercial Driver's License?

Taxi Drivers

California doesn't issue any statewide special licenses for taxi drivers, however local jurisdictions may impose their own requirements in order to drive a taxi cab within their area. For instance, some may require an applicant to complete a taxi driving course through an approved taxi school. Additionally, the taxi cab company itself may impose its own guidelines.

Applicants should inquire with their local government/city officials and prospective employers to determine what is needed to drive a taxi cab in each area.

For example:
San Francisco: To be a taxi driver, you must hold a valid California Driver’s License of a class sufficient for the lawful operation of the motor vehicle to be driven.

San Jose: To be a taxi driver, you must hold a valid driver's license issued by the department of motor vehicles of the state of California for the type of vehicle the applicant proposes to use as a taxicab in the city

Chauffeur/Limousine Drivers

Whether you'll need to have a CDL depends on the type of vehicle you'll be driving as a chauffeur.

Generally speaking, if you're driving a vehicle designed to transport fewer than 10 passengers, you'll simply need a valid, standard Class C California driver's license. For those limousine drivers who drive ten passengers or more, you will need a Class B License (commercial vehicle driver's license).

Sources and Resources

General Legal/Advocacy Information

• American Diabetes Association: https://www.diabetes.org/advocacy-and-legalresources/discrimination.jsp
• If you are being discriminated against because of diabetes at work, at school, by the police or in correctional institutions, or in public places, you can request assistance from the American Diabetes Association by calling 1-800-DIABETES

Diabetes in School

• American Diabetes Association: http://www.diabetes.org/advocacy-and-legalresources/discrimination/schoo...
• Disability Rights Education & Defense Fund: http://www.dredf.org/special_education/index.shtml

Private & Public Health Insurance

• California Department of Insurance, Consumer’s Guide to Health Insurance: http://www.insurance.ca.gov/0100-consumers/0060-information-guides/0050-...
• Disability Benefits 101: http://www.disabilitybenefits101.org/
• Santa Clara County Children’s Health Initiative: http://www.chikids.org/

Employment

• American Diabetes Association: https://www.diabetes.org/advocacy-and-legalresources/discrimination/empl...
• Equal Employment and Opportunity Commission: www.eeoc.gov; http://www.eeoc.gov/facts/diabetes.html
• Department of Fair Employment and Housing: www.dfeh.ca.gov
• Job Accommodation Network: http://www.jan.wvu.edu/media/diab.htm
• Filing a discrimination complaint: http://www.eeoc.gov/charge/overview_charge_filing.html; http://www.dfeh.ca.gov/DFEH/Complaints/fileComplaint.aspx
• Legal Aid Society of San Francisco Employment Law Center: http://www.las-elc.org/disability.html; http://www.las-elc.org/factshtinvent.html#disability

Private Driver’s Licenses

• American Diabetes Association: http://www.diabetes.org/advocacy-and-legalresources/discrimination/drive...
• California Department of Motor Vehicles: http://www.dmv.ca.gov/dl/dl_info.htm; http://www.dmv.ca.gov/dl/driversafety/pm_guidelines.htm

Commercial Driver’s Licenses

• American Diabetes Association: http://www.diabetes.org/advocacy-and-legalresources/discrimination/emplo...
• Diabetes Exemption Program Application: http://www.fmcsa.dot.gov/documents/safetyprograms/Diabetes/diabetes-exem...
• California Department of Motor Vehicles: http://www.dmv.ca.gov/dl/dl_info.htm; http://www.dmv.ca.gov/pubs/cdl_htm/toc.htm

Finding a Lawyer

• Santa Clara County Bar Association Lawyer Referral Service: (408) 971-6822, http://www.sccba.com/legalconsumer/
• State Bar of California: http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10180&id=1396

For more information, you can also contact the Diabetes Law Collaborative, a project of the Law Foundation of Silicon Valley, at 408-280-2476. The Diabetes Law Collaborative (DLC) provides free legal advice to low-income residents of Santa Clara County living with diabetes. The DLC has provided this list of resources for your information only, and it is not intended to constitute legal advice.