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Discrimination Claims
Filed by Diabetics are on the Rise |
Diabetes is on the rise in the U.S., with approximately a million new cases diagnosed each year, and it is a disability under the Americans with Disabilities Act (ADA).
Although diabetes can be treated, those with the disease are never fully "cured." Successfully managing the condition can require daily tasks like monitoring blood sugar, taking medication and snacking.
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Company Policy Prohibited
Equipment Operation by Diabetics The EEOC settled a lawsuit in 2004 with an Arizona company after it was accused of firing an employee because he had diabetes.
Facts of the case: An insulin-dependent diabetic with 30 years of experience as an industrial engineer was hired at Pimalco Inc. The employee was licensed to operate mobile equipment and had successfully completed the company's class on operating equipment. Shortly after employment began, a Pimalco official told the employee that he was doing good work, but his physical disclosed that he had diabetes. The official "informed him that he was fired because he was diabetic and company policy prohibited him from operating mobile equipment," the EEOC stated. The employee never had a diabetic incident during his career.
Under the settlement, the aircraft parts and equipment manufacturer had to pay $70,000 in back wages and compensatory damages, as well as make changes to its policies. |
Also on the rise: The number of charges filed under the ADA alleging diabetes-based discrimination. The Equal Employment Opportunity Commission (EEOC) says the number of those cases is rising and the implications for diabetes in the workplace are so significant so that the federal agency has published guidance for employers.
Here are the highlights:
Diabetes as a Disability According to ADA guidelines, diabetes is a disability when it substantially limits one or more of a person's major life activities (such as getting in or out of bed or a chair, bathing, dressing or eating), or when it causes side effects or complications that substantially limit a major life activity.
These guidelines apply even if diabetes had these effects in the past, but is currently being controlled by medication, diet and other factors. Diabetes is also considered a disability when it does not significantly affect everyday activities, but when an employer treats the individual as if it does.
Information and Accommodation The ADA strictly limits the circumstances where employers can question employees about medical conditions or require them to have medical examinations. These actions can only be taken if an employer has a legitimate reason to believe that diabetes, or another medical condition, is affecting an employee's ability to do the job.
Generally, to obtain medical information from an employee, an employer must have a reason to believe there is a medical explanation for changes in the employee's job performance. Or, the employer must believe that the employee may present a safety hazard as a result of the condition.
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Click here for more EEOC information about workplace diabetes. |
Employees with diabetes may require special accommodations, such as:
 A private area to test blood sugar levels or to take insulin.
A place to rest until blood sugar levels normalize. Breaks to eat, drink, take medication or test blood sugar levels.
Leave for treatment, recuperation or training to manage diabetes.
A modified work schedule or shift change.
The use of a chair or stool for a person with diabetic neuropathy (a nerve disorder caused by diabetes).
Diabetes and Safety
An employer may question employees about diabetes or send them for medical exams only if there is reason to believe an individual poses a "direct threat" to himself or others that cannot be reduced or eliminated through reasonable accommodation. The EEOC emphasizes that safety concerns should be based on objective evidence, not general assumptions or myths.
With some 17 million people in the U.S. living with diabetes, there's no question that paying attention to the disease makes good business sense. Working with diabetic employees can improve productivity, decrease absenteeism and promote healthy lifestyles. The key is to assess the ability of applicants and employees to perform a job with or without reasonable accommodation.
This article is provided as a service by: L.S. Sherman Litigation Consulting.
LSSLC is a group of complex litigation specialists helping attorneys prepare successful complex litigation through the management of detailed technical information and engagement of experienced testifying experts of unsurpassed quality.
Contact Linda Sherman: 610-642-7755 |
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