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JUSTICE DEPARTMENT SUES MISSISSIPPI STATE

JACKSON, MISSISSIPPI -- The Justice Department today sued the Mississippi State Department of Public Safety for allegedly refusing to accommodate a cadet with diabetes at its training academy for new state troopers, and for dismissing him from the academy because of his disability, in violation of federal law.

The suit, filed in the U.S. District Court in Jackson, alleges that the Department of Public Safety violated Title I of the American with Disabilities Act by refusing to make a reasonable accommodation for Ron Collins and for firing him because of his diabetes. The suit arose from an employment discrimination charge filed by Collins following his dismissal from the state's law enforcement training academy.

Collins, who despite his insulin-dependent diabetes, has worked as a law enforcement officer for more than 20 years, and had successfully completed three other law enforcement and military academies. In addition to using insulin, Collins regulates his diabetes through exercise, and by timing and adjusting his food intake.

After applying and being accepted into the state's training academy, the state troopers running the academy allegedly rejected Collins' requests for simple accommodations. For example, on the first night, state troopers denied his request for access to a vending machine. The following day, the state troopers denied his request for specific additional food at the cafeteria. Because he was not allowed to control his diabetes in his usual manner, he experienced a hypoglycemic episode on the third day of the academy. When he appeared disoriented and unresponsive, he was dismissed from the academy, and was told get into his car and remove himself from the premises immediately.

"Most people with diabetes can effectively regulate the condition and should be given the opportunity to perform even the most strenuous jobs," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights. "The training academy refused even the most reasonable requests for modifications in practices which, in effect, denied this cadet's opportunity to control his condition and participate in the academy."

The U.S. Equal Employment Opportunity Commission initially investigated the charge and failed to achieve a conciliation. The EEOC then referred the case to the Justice Department, which attempted to resolve the matter through attempts at informal discussions and through formal mediation. The Justice Department filed suit after the parties remained unable to reach common ground. The suit seeks reinstatement, back pay, compensatory damages, and a court order requiring the Department of Public Safety to adequately train its state troopers about the ADA and diabetes. The case will be handled by the Justice Department's Civil Rights's Division, with assistance from the United States Attorney's Office in Jackson.

Title I of the ADA requires employers, including state and local governments, to provide reasonable accommodations when an individual with a disability requests them. It also prohibits employers from discriminating against individuals with disabilities by refusing to hire them or by firing them.