Their Day in Court
While many of the people who have battled disability discrimination in the past two decades never had their cases heard, others successfully fought the odds with help from the American Diabetes Association. Here are five people who made it to the courtroom—and won:


Jeff Kapche applied in 1994 to be an officer with the San Antonio Police Department. After passing tests with flying colors, Kapche had to take a physical—and was dropped from consideration because all people who used insulin were considered a safety risk. ADA volunteer lawyer John Griffin took on Kapche's case with assistance from Michael Greene, former ADA chair of the board and founder of the Association's Legal Advocacy Program. It took more than six years and two appeals before a court ruled that Kapche needed to be considered on an individual basis, a victory that served as an important precedent for cases to follow.

Gary Branham was an Internal Revenue Service agent in Indianapolis who applied in 1999 for a promotion to special agent. He was denied the job on the basis that his insulin-treated diabetes would interfere with his ability to use a gun and work undercover. Branham's lawsuit, filed in 2001, was dismissed when a judge ruled that his diabetes was so well controlled that it wasn't a disability. Griffin agreed to handle the appeal of his case, and Branham eventually won.

Rebecca Fraser, working in 1998 as a senior account specialist for U.S. Bancorp in Portland, Ore., requested a "reasonable accommodation" to keep food at her desk so she could prevent hypoglycemia. Her manager refused, and one day Fraser passed out. A few months later, she was fired. Fraser lost her first court battle in 2001 when her diabetes was ruled not to be a disability. On appeal, ADA volunteer lawyers Greene, Carl Kiss, and Daniel Kohrman assisted Fraser's lawyer, Craig Crispin, and the decision was reversed.

Rudy Rodriguez was a temporary employee at a ConAgra plant in Fort Worth, Texas, when he was offered a permanent position in 2002, pending a physical exam. A physician concluded that Rodriguez was not fit for the job because he had "uncontrolled [type 2] diabetes." However, the doctor never looked at Rodriguez's medical records or spoke with his physician; he based his decision largely on one urine glucose test. Rodriguez sued in federal court in 2003, but his claim was dismissed on the basis that he wasn't covered as a person with a disability. On appeal, with Kohrman assisting Rodriguez's attorney, Donald Uloth, the ruling was reversed.

Gilberto Wise was approaching mandatory retirement from the Immigration and Naturalization Service in 2002 when he found a job in San Antonio as a federal courthouse security officer. Then he was diagnosed with type 2 diabetes. A year into the job, the U.S. Marshal Service fired him for a poor A1C test result, even though he had later lowered his blood glucose level. Represented by ADA volunteers Griffin and Kathy Butler, Wise filed suit in federal court. Wise was killed in a 2005 automobile accident before his case was heard. His wife, Peggy, continued his battle, winning a favorable settlement and a change in U.S. Marshal Service policy.