Protecting Employee Rights
Protecting Employee Rights
Federal and state laws, including the Americans with Disabilities Act, protect individuals with disabilities (such as diabetes) from discrimination on the basis of disability in the workplace. Discrimination includes firing or refusing to hire or promote an individual because of diabetes, and also includes failing to make reasonable accommodations for an individual’s diabetes. For the vast majority of people with diabetes, the disease will not impact their ability to successfully perform their job. Indeed, many employers have found that the discipline involved in managing diabetes translates to excellent work habits on the job. When problems do arise, often they can be addressed with a better understanding of diabetes, how it is managed today, and its effects on the individual.
Reasonable Accommodations: The Americans with Disabilities Act requires employers to “reasonably accommodate” limitations imposed by an individual’s disability. Reasonable accommodation is defined as modification or adjustment of a job, employment practice, or the work environment that makes it possible for a qualified person with a disability to be employed. Reasonable accommodations must be provided unless doing so would pose an “undue hardship” based on cost or other factors.
Most common accommodations needed by people with diabetes are easy and virtually cost-free. Employees may need the time and space to check blood glucose levels, to self-administer medications (such as insulin) and to eat or drink to manage blood glucose levels. This can require minor modifications to employee schedules, such as allowing a lunch or snack break at a set time each day. Blood glucose checking and insulin injections are completely safe and can be performed at the employee’s work station or wherever the employee happens to be, although some employees desire a more private location to perform these tasks.
Some people develop complications due to diabetes, which may also need to be accommodated. For example, low vision aids such as magnification software or a larger computer screen may be needed for an individual with vision loss related to diabetes. Also, some individuals may experience neuropathy or other conditions that make walking difficult. Such limitations could be accommodated by allowing the employee to sit while working, providing a parking spot close to the workplace entrance or permitting the employee to use short cuts through the facility to lessen the need for walking.
Safety Concerns: Employers may not base a decision to terminate, demote or refuse to hire an individual with diabetes on unfounded fears or stereotypes about diabetes or fears about the cost of insurance or accommodations. However, the employer may take into account legitimate safety concerns based on how diabetes affects a particular individual. When doing so, it is important to keep in mind that diabetes affects each individual differently. The vast majority of people with diabetes can safely perform most jobs, including safety-sensitive occupations such as law enforcement positions. There is no medical justification for disqualifying a person from employment simply because that person has diabetes, uses insulin or had a particular blood test result. Rather, each person must be individually considered, weighing such factors as the requirements or hazards of the specific job, the individual’s medical history and treatment regimen.
When questions arise, involving either reasonable accommodations or safety concerns, employers should seek information and advice from diabetes health care professionals.
