• HOME
  • HR Specialist
  • HR Online Products
  • E-letters
  • Forum
  • Store
  • About Mindy
  • Contact Us

Apr 17: Diabetic Employees: Must You Grant Them Extra Breaks as a Disability Accommodation?

Chances are, you’ve got at least one diabetic employee in your workplace. What would you say if that person asked for an altered work schedule so she could eat regular meals, check her blood or exercise? Are you required by law to grant such requests?

Diabetes is not automatically a disability under the Americans with Disabilities Act (ADA). But as a new court ruling shows, if employees can prove their diabetes “substantially limits one of their major life activities,” such as eating, then the employee is legally disabled and protected by the ADA. As a result, supervisors would be required to engage in an interactive discussion to arrive at a reasonable accommodation.

Case in Point: Lisa Robbins, a television station manager, was diagnosed with Type II Diabetes. She regularly worked 45 to 50 hours a week.

She repeatedly asked her supervisor and even his boss to reduce her hours and give her a “more manageable” work schedule so she could better control her diabetes with regular meal times, routine blood checks and the opportunity to exercise. Those requests were ignored. In fact, Robbins saw her workload increased after making the requests.

Robbins eventually resigned and filed an ADA lawsuit, claiming the station failed to accommodate her disability.

The TV station argued that Robbins couldn’t legally pursue an ADA case because she wasn’t “disabled” under the law. (The ADA protects people who are “substantially limited in a major life activity” yet can still perform the essential functions of the job, with or without a reasonable accommodation.)

The station claimed that her doctor’s recommendations to eat limited portions, have regular meal times and eat healthy was no different than recommendations made to nondisabled people who were trying to control their weight. (Robbins v. WXIX Raycom Media, S.D. Ohio, No. 1:06cv278, 3/5/08)

How did this case end … and what three lessons can be learned?

The court sided with Robbins and sent the case to trial. It rejected the TV station’s defense, pointing out that Robbins must eat three meals a day at the same time, otherwise she’d experience profuse sweating, nausea, headaches and shaking. Also, if she doesn’t comply with her daily regiment, she’s at risk for blindness, strokes, amputation of her legs, heart attack and kidney failure—far more than what other people face if they don’t eat at certain times.

Also, employers should realize that diabetic employees can still be considered “disabled” under the ADA even if they seem to have their conditions under control. The EEOC, in its Questions and Answers About Diabetes in the Workplace and the ADA, states that: “Even if diabetes is not currently substantially limiting because it is controlled by diet, exercise, oral medication, and/or insulin, and there are no serious side effects, the condition may be a disability because it was substantially limiting in the past (i.e., before it was diagnosed and adequately treated).”

3 Lessons Learned … Without Having to Go To Court

1. Remember, the ADA is an employee-friendly law. It requires employers to engage in interactive dialogue with employees who exercise their rights under the law. That means you must act in good faith to explore reasonable accommodations.

2. Never ignore. Teach supervisors not to shrug off requests for workplace accommodations--especially from people with obvious medical conditions. Get back to the employee with a decision. Be prompt about it, too. Supervisors should contact HR if they have questions about how to handle such requests.

3. Never retaliate. It stunk of retaliation when the boss put more work on the employee who asked for an accommodation. Timing is everything. Courts scrutinize timelines.

Posted by Mindy Chapman in ADA Comments: (0) Trackbacks: (0)

Trackbacks
Trackback specific URI for this entry

No Trackbacks

Comments
Display comments as (Linear | Threaded)

No comments


Add Comment

Enclosing asterisks marks text as bold (*word*), underscore are made via _word_.
Standard emoticons like :-) and ;-) are converted to images.

To prevent automated Bots from commentspamming, please enter the string you see in the image below in the appropriate input box. Your comment will only be submitted if the strings match. Please ensure that your browser supports and accepts cookies, or your comment cannot be verified correctly.
CAPTCHA 1CAPTCHA 2CAPTCHA 3CAPTCHA 4CAPTCHA 5


 
 

Real-Life Employment Law Lessons ...
for People Who Don’t Want to Learn Them in Court.


Employment Lawyer Mindy Chapman, Esq. reviews the cases impacting you today, and gives you practical ways to protect your company.

New! 14-Day Free Trial – FREE Access to HR Articles, white papers. Try HR Specialist's Premium Plus Online today!

Sign up for the Case in Point e-Alert for weekly employment law updates and a FREE white paper!


HR Specialist: Online Products
FREE Bonus!
Order online subscription to HR Specialist today & receive $137 Legal Guide FREE


Polls

We've had employees ask for a chair or stool as disability accommodation:
Yes
No

Archives

Blog Post's Links

  • Questions and Answers About
    Diabetes in the Workplace and
    the ADA

Bookmark this page!

AddThis Social Bookmark Button

Topic Categories

  • XML ADA
  • XML Age Discrimination
  • XML Discrim. & Harassment
  • XML ERISA
  • XML Employment Contracts
  • XML FLSA
  • XML FMLA
  • XML Labor Relations / Unions
  • XML Pay Discrimination
  • XML Privacy
  • XML Retaliation
  • XML USERRA

All categories

Archives

October 2008 (2)
September 2008 (4)
August 2008 (4)
Recent...
Older...

Calendar

Back October '08 Forward
Su Mo Tu We Th Fr Sa
      1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31  

Recent Entries

Pull Up a Chair ... or a Lawsuit
Friday, October 10 2008

"Hey, Lady, It's a Man’s Job!"
Thursday, October 2 2008

Harassment Complainers: Are They ‘The Untouchables’?
Thursday, September 25 2008

The FMLA Calendar: Checkout Miss March!
Thursday, September 18 2008

Nix the Nicknames: 'Grandma' Will Get Even
Thursday, September 11 2008

Recent Comments

RE: "Hey, Lady, It's a Man’s Job!", by John A.Fri, 03.10.2008 16:30
Your tone is indicative of exactly what I’m talking about. This post is about someone being told that they’re not [...]


RE: "Hey, Lady, It's a Man’s Job!", by John A.Fri, 03.10.2008 07:34
I wish to make a strong clarification. I seem to have given the impression that the working conditions I describe [...]


RE: "Hey, Lady, It's a Man’s Job!", by twinkerbirdThu, 02.10.2008 17:25
i can’t “know” what your situation is. However, I’ve been an office support professional for many, many years, an [...]


RE: "Hey, Lady, It's a Man’s Job!", by Cheryl Fields, MBA, Ph.D. (ABD)Thu, 02.10.2008 17:22
I can remember not too long ago, when male flight attendants were ALL thought to be gay? And ALL female spo [...]


RE: "Hey, Lady, It's a Man’s Job!", by RThu, 02.10.2008 16:52
I have a hard time seeing where you fit what is going on. You weren’t fired or over picked for promotion based on [...]


Syndicate This Blog

XML RSS 0.91 feed
XML RSS 1.0 feed
XML RSS 2.0 feed
ATOM/XML ATOM 0.3 feed
ATOM/XML ATOM 1.0 feed
XML RSS 2.0 Comments

Other Useful Links

 

DISCLAIMER: the content contained in this blog is general information and should not be construed as legal advice. It is not designed to be and should not be relied upon as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, you should consult with competent legal counsel.


home | subscriber services | privacy statement | contact us
Copyright © 2007 NIBM. All rights reserved.