Statistics indicate that about seven percent of South African adults aged between 21 and 79 (3.85 million people) have diabetes. World statistics are just as concerning

Extensive research has been conducted into diabetes and there is considerable information about the medical aspect of this condition, however, not much has been said from a legislative standpoint. Diabetes is a chronic illness, but does this make it a disability according to South African legislation?

Differs from one person to the next
There is no list in place that stipulates if a condition or illness is a disability or not. This is partly because conditions are experienced differently from one person to the next. When determining whether a certain condition, like diabetes, can be classified as a disability, we must turn to the Employment Equity Act.

According to the Employment Equity Act of South Africa, people with disabilities are those who have a long-term or recurring physical, including sensory, or mental impairment, which substantially limits their prospect of entry into or advancement in employment. This means for diabetes to be classified as a disability under the Employment Equity Act, it needs to meet the requirements of the above definition.

Diabetes is a long-term condition and falls within the first part of the definition. Secondly, diabetes can be considered a physical impairment, because this is defined as a total or partial loss of body part or function. Again, diabetes meets the criteria for this part of the definition.

In most cases, diabetes can be managed by medication and diet and therefore does not substantially limit a person’s prospect of entry into or advancement in employment. Generally, diabetes, if well managed, would not be considered a disability as per the Employment Equity Act definition.

However, people may experience their condition differently to others and diabetes can present itself differently from person to person. There have been cases where a diabetic person has been classified as a person with a disability. This is often the case when a person’s diabetes is unstable and blood glucose levels fluctuate dramatically and the person may often feel tired, their immune system is weak, and they therefore become susceptible to other illnesses more frequently.

Reasonable workplace accommodation
In such instances there may be a need for reasonable workplace accommodation such as to allow the employee to take leave to go to the doctor when needed and flexible working hours to manage the condition.

In these cases, diabetes can be considered a disability because it impacts on the person’s ability to fulfil the inherent requirements of their job and may substantially limit his or her prospect of entry into or advancement in employment.

Additionally, diabetes can result in other conditions, which may be considered a disability, for example, long-term poorly controlled diabetes can often result in renal failure, glaucoma, strokes and lower limb amputation. It is important to note that in such cases, diabetes would not be considered the disability, but would rather be the cause of other disabilities, such as amputation or visual impairments.

If you are unsure whether your condition meets the requirements of the definition of disability, we encourage you to speak to your HR department.

From an article by Justene Smith from Progression.

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