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Disability Discrimination Based on Diabetes

Rights and Protections for Diabetes

Workers with diabetes have as much a right to comfortable work environments as any other worker. The Americans with Disabilities Act protects employees that work for private employers with 15 or more employees along with employees that work for employment agencies, labor unions, along with all state and federal government employees.

The Act specifically targets discrimination that is based on an employee’s disability, unlike other laws that offer protection against discrimination such as age, nationality, ethnicity, sexual orientation, gender, and more.

The Rehabilitation Act of 1973 furthers these protections for federal employees of the executive branch of the government and all employees whose employer receives federal money. State and City laws usually do not have the 15 employee minimum requirement.

Each state has its own set of protections for those with disabilities in addition to the federal protections for employees. Depending on the state, there are different levels of protection but every state has laws that limit or prohibit an employer’s ability to discriminate against employees based on disability.

This includes wages, promotions, job training, fringe benefits, and others, along with the right to speak up if the employee feels they are a victim to discrimination at the workplace. More simply put, every employee in the country has the right to work without discrimination and the right to raise questions in regards to the treatment of employees based on disability.

Regardless of whether the laws are federal or state-level, an employer cannot do the following:

  • Decide to not hire or promote a worker based on their diabetes diagnosis.
  • Refuse to provide reasonable accommodations during the workday.
  • Revoke or modify employer-provided health insurance due to diabetes.
  • Terminate an employee due to diabetes if the person does not pose a direct threat of safety.
  • Terminate an employee for requesting reasonable accommodation or complaining that they were not given one.
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Reasonable Accommodations

Once an employer has been made aware of a disability, they are required to make reasonable accommodations for the employee unless the accommodation would cause undue hardship on the employer, such as significant difficulty in operations or an unreasonable expense.

Using the example above, letting someone eat every two hours to keep their blood sugar up does not cause undue hardship. The rest of the crew can either continue to complete the job or wait a few minutes for the person to eat a snack. This accommodation does not cause difficulty for the job to be completed, nor does it accrue a large cost. If a person were to ask for four half-hours, paid breaks each day, that could lead to a large cost for the employer and could lead to tasks taking much longer.

Qualified Person with a Disability

For a worker to be protected by anti-discrimination laws, they must be a qualified person with a disability. In order to qualify, a worker must have a record of disability or be regarded as having a disability. In other words, there must be documented proof that the person has the disability to begin with, such as medical records. By definition, a disability includes mental or physical impairment that causes one or more limitations in major life activities. Under this definition, diabetes is protected due to the limited function of the endocrine system.

After establishing the disability exists, the person must prove they are qualified for the position. Legally, a qualified worker is a person who has all of the skills, education requirements, experience, and other job-related qualifications of a position. Further, the worker must be able to perform all essential functions of the position with reasonable accommodation.

For instance, a person with diabetes with over five years of experience should have the same opportunity for employment as someone without diabetes that also has five years of experience. However, if someone who does not have diabetes has twice the experience as the person with diabetes, the worker without diabetes being given the job does not qualify as discrimination.

What to do if You are Discriminated Against

If you have diabetes and you have been a victim of discrimination, the first step is to start documenting the discriminatory acts. Taking the simple step of writing down the names of persons present for the act, a description of the events, noting the dates, and other relevant information is important when pursuing a lawsuit. In some cases, the discrimination can be resolved without legal intervention.

Employers may not realize they are being discriminatory, and they may not be aware that diabetes is a disability. However, there are times when legal action is necessary. Charges can be filed either with the Equal Employment Opportunity Commission (EEOC) or with your state anti-discrimination agency.

In discrimination cases, it makes good sense to consult with a lawyer who focuses on employment law in your state. Since each state has its own anti-discrimination laws, and discrimination lawsuits are inherently complex, it is helpful to have someone educated and experienced in your corner.

The Derek Smith Law Group has over 25 years of experience and holds the largest emotional distress verdict to ever be sustained on the appeal in the entire country for an employment law case. If you feel you are being discriminated against, we can help. Contact our team today for a free consultation.

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Do You Have Questions About Your Legal Rights at Work? Please call us at 800.807.2209 or email derek@dereksmithlaw.com to Learn More About Your Rights.

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