The American Diabetes Association Celebrates The Recognition Of Gary Branham And John Griffin

Main Category: Diabetes
Article Date: 26 Jun 2009 - 7:00 PDT

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The American Diabetes Association, the nation's leading health organization in the fight to stop diabetes, is pleased to announce that the National Employment Lawyers Association has honored Gary Branham, who successfully fought discrimination based on diabetes, as one of three "Workplace Heroes & Heroines." The award honors those who have made a difference in the evolution of employee rights, and advancing equality and justice in the American workplace during the past twenty years. (For more information on this award, see http://www.nela.org.)

Branham was recognized for prevailing in his landmark legal battle against the IRS, which had denied him a promotion from his position as a revenue officer to a special agent explicitly because of his diabetes. The agency had assumed that Branham, who takes insulin to control his diabetes, would be unable to safely perform the duties of the position; IRS's decision failed to take into account clear medical evidence to the contrary, including the fact that Branham had maintained excellent control of his blood glucose for years.

"I realized that my dream of becoming a special agent may never materialize, and I knew I had to take the IRS on, hoping that my struggle would help others with diabetes fight discrimination and live their dreams," said Branham.

With the assistance of the Association, Branham filed a lawsuit against the federal government challenging this unjust discrimination, but the court threw out Branham's case, finding that his diabetes was so well-managed that he did not have a disability, and therefore, was not protected against discrimination under federal law.

Undaunted, Branham decided to continue the fight for fairness for workers with diabetes -- turning to John Griffin, a prominent Texas attorney and member of the Association's Board of Directors (who himself has diabetes) to appeal the decision. Griffin successfully appealed to the U.S. Court of Appeals. Based on this decision, a trial was granted for Branham, and the jury issued a verdict finding that Branham is protected from discrimination and able to safely perform the special agent job. In addition, he was awarded compensation for six years of lost pay.

Ironically, by the time his case had reached conclusion, Branham had exceeded the maximum age for special agent eligibility. "I am not disappointed," said Branham, "but truly encouraged now that this court and others have said that people with diabetes cannot be prevented from realizing their dreams based on stereotype or misinformation."

"This is validation that people with diabetes can safely perform all types of jobs. Each person should be evaluated on a case-by-case basis. President Obama did just that when he nominated Judge Sonia Sotomayor, who, like Branham, has type 1 diabetes, to the Supreme Court of the United States," said Griffin.

Source
American Diabetes Association