LONG BEACH : Diabetic Rejected for Federal Job Settles Suit for $67,000

A Long Beach man who was turned down for a federal job because he is diabetic has settled his lawsuit against the government for $67,000, bringing to a close what advocates call a landmark case for people with diabetes.

After having his application for a special agent position with the Bureau of Alcohol, Tobacco and Firearms turned down because of a Treasury Department policy against hiring diabetics as special agents, Ken Dugger sued the federal government in 1992.

The regulation disqualifying diabetics from positions as special agents--who are considered law enforcement personnel--was changed in 1993, after Dugger’s suit was filed. It now allows for individual evaluation of diabetics.

Dugger was given the settlement by the Treasury Department, which also agreed to bolster his retirement pay to a level equivalent to what it would be if he had been hired as a special agent.

Dugger, a swimming instructor and mountain climber who has a black belt in karate and has worked for the government since 1988, said he was heartened by the outcome of the case. “You have a right to be assessed on a case-to-case basis, as an individual, rather than as a class,” said Dugger, 33. “If you’re diabetic, you can do whatever job you want to.”

Kathleen L. Wishner, president of the American Diabetic Assn., said the organization is trying to remove automatic restrictions against diabetics seeking to fly planes or operate a truck in interstate commerce. She said there are an estimated 14 million Americans with diabetes.