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Diabetes at work: Legal implicationsDiabetes and work/employment considerations -
In being considered for employment in safety-sensitive positions, a person with diabetes has the right to be assessed for specific job duties on his or her own merits based on reasonable standards applied consistently.
Employers have the duty to accommodate employees with diabetes unless the employer can show it to cause undue hardship to the organization. Undue hardship arises as part of the legislative requirement that employers must change workplace policies, rules, practices and operations that result in discrimination, and provide individual accommodation unless it would lead to "undue" or unreasonable hardship on the part of the employer.
The question of what constitutes undue hardship varies; however, courts have made it clear that employers must expect to experience some cost in eliminating barriers and providing accommodation.
Questions arise over when the threshold of undue hardship has been reached. The Canadian Human Rights Act provides that undue hardship must be assessed considering "health, safety and cost".
The mere fact that some cost, financial or otherwise, will be incurred is insufficient to establish undue hardship. After an employer has obtained basic medical information from all individuals who have received job offers, it may ask specific individuals for more medical information if it is medically related to the previously obtained medical information.
For example, if an employer asks all applicants post-offer about their general physical and mental health, it can ask individuals who disclose a particular illness, disease, or impairment for more medical information or require them to have a medical examination related to the condition disclosed.
What may an employer do when it learns that an applicant has or had diabetes after she has been offered a job but before she starts working? The employer also may send the applicant for a follow-up medical examination or ask her to submit documentation from her doctor answering questions specifically designed to assess her ability to perform the job's functions safely.
Permissible follow-up questions at this stage differ from those at the pre-offer stage when an employer only may ask an applicant who voluntarily discloses a disability whether she needs an accommodation to perform the job and what type.
An employer may not withdraw an offer from an applicant with diabetes if the applicant is able to perform the essential functions of the job, with or without reasonable accommodation, without posing a direct threat that is, a significant risk of substantial harm to the health or safety of himself or others that cannot be eliminated or reduced through reasonable accommodation.
The ADA strictly limits the circumstances under which an employer may ask questions about an employee's medical condition or require the employee to have a medical examination.
Once an employee is on the job, her actual performance is the best measure of ability to do the job.
When may an employer ask an employee whether diabetes, or some other medical condition, may be causing her performance problems? Generally, an employer may ask disability-related questions or require an employee to have a medical examination when it knows about a particular employee's medical condition, has observed performance problems, and reasonably believes that the problems are related to a medical condition.
At other times, an employer may ask for medical information when it has observed symptoms, such as extreme fatigue or irritability, or has received reliable information from someone else for example, a family member or co-worker indicating that the employee may have a medical condition that is causing performance problems.
Often, however, poor job performance is unrelated to a medical condition and generally should be handled in accordance with an employer's existing policies concerning performance. Example 4 : A normally reliable secretary with diabetes has been coming to work late and missing deadlines.
The supervisor observed these changes soon after the secretary started going to law school in the evenings. The supervisor can ask the secretary why his performance has declined but may not ask him about his diabetes unless there is objective evidence that his poor performance is related to his medical condition.
May an employer require an employee on leave because of diabetes to provide documentation or have a medical examination before allowing her to return to work? If the employer has a reasonable belief that the employee may be unable to perform her job or may pose a direct threat to herself or others, the employer may ask for medical information.
However, the employer may obtain only the information needed to make an assessment of the employee's present ability to perform her job and to do so safely. Are there any other instances when an employer may ask an employee with diabetes about his condition? An employer also may ask an employee about diabetes when it has a reasonable belief that the employee will be unable to safely perform the essential functions of his job because of diabetes.
In addition, an employer may ask an employee about his diabetes to the extent the information is necessary:.
With limited exceptions, an employer must keep confidential any medical information it learns about an applicant or employee. Under the following circumstances, however, an employer may disclose that an employee has diabetes:. May an employer tell employees who ask why their co-worker is allowed to do something that generally is not permitted such as eat at his desk or take more breaks that she is receiving a reasonable accommodation?
Telling co-workers that an employee is receiving a reasonable accommodation amounts to a disclosure that the employee has a disability. Rather than disclosing that the employee is receiving a reasonable accommodation, the employer should focus on the importance of maintaining the privacy of all employees and emphasize that its policy is to refrain from discussing the work situation of any employee with co-workers.
Employers may be able to avoid many of these kinds of questions by training all employees on the requirements of equal employment opportunity laws, including the ADA. Additionally, an employer will benefit from providing information about reasonable accommodations to all of its employees.
This can be done in a number of ways, such as through written reasonable accommodation procedures, employee handbooks, staff meetings, and periodic training.
This kind of proactive approach may lead to fewer questions from employees who misperceive co-worker accommodations as "special treatment. If an employee experiences an insulin reaction at work, may an employer explain to other employees or managers that the employee has diabetes?
Although the employee's co-workers and others in the workplace who witness the reaction naturally may be concerned, an employer may not reveal that the employee has diabetes. Rather, the employer should assure everyone present that the situation is under control.
An employee, however, may voluntarily choose to tell her co-workers that she has diabetes and provide them with helpful information, such as how to recognize when her blood sugar may be low, what to do if she faints or seems shaky or confused for example, offer a piece of candy or gum , or where to find her glucose monitoring kit.
However, even when an employee voluntarily discloses that she has diabetes, the employer must keep this information confidential consistent with the ADA. An employer also may not explain to other employees why an employee with diabetes has been absent from work if the absence is related to her diabetes or another disability.
The ADA requires employers to provide adjustments or modifications -- called reasonable accommodations -- to enable applicants and employees with disabilities to enjoy equal employment opportunities unless doing so would be an undue hardship that is, a significant difficulty or expense.
Accommodations vary depending on the needs of the individual with a disability. Not all employees with diabetes will need an accommodation or require the same accommodations, and most of the accommodations a person with diabetes might need will involve little or no cost.
An employer must provide a reasonable accommodation that is needed because of the diabetes itself, the effects of medication, or both. For example, an employer may have to accommodate an employee who is unable to work while learning to manage her diabetes or adjusting to medication.
An employer, however, has no obligation to monitor an employee to make sure that she is regularly checking her blood sugar levels, eating, or taking medication as prescribed.
What other types of reasonable accommodations may employees with diabetes need? Although these are some examples of the types of accommodations commonly requested by employees with diabetes, other employees may need different changes or adjustments.
Employers should ask the particular employee requesting an accommodation what he needs that will help him do his job. There also are extensive public and private resources to help employers identify reasonable accommodations.
html provides information about many types of accommodations for employees with diabetes. There are no "magic words" that a person has to use when requesting a reasonable accommodation. A person simply has to tell the employer that she needs an adjustment or change at work because of her diabetes.
A request for a reasonable accommodation also can come from a family member, friend, health professional, or other representative on behalf of a person with diabetes.
May an employer request documentation when an employee who has diabetes requests a reasonable accommodation? An employer may request reasonable documentation where a disability or the need for reasonable accommodation is not known or obvious.
An employer, however, is entitled only to documentation sufficient to establish that the employee has diabetes and to explain why an accommodation is needed. A request for an employee's entire medical record, for example, would be inappropriate as it likely would include information about conditions other than the employee's diabetes.
Does an employer have to grant every request for a reasonable accommodation? An employer does not have to provide an accommodation if doing so will be an undue hardship. Undue hardship means that providing the reasonable accommodation will result in significant difficulty or expense.
An employer also does not have to eliminate an essential function of a job as a reasonable accommodation, tolerate performance that does not meet its standards, or excuse violations of conduct rules that are job-related and consistent with business necessity and that the employer applies consistently to all employees such as rules prohibiting violence, threatening behavior, theft, or destruction of property.
If more than one accommodation will be effective, the employee's preference should be given primary consideration, although the employer is not required to provide the employee's first choice of reasonable accommodation. If a requested accommodation is too difficult or expensive, an employer may choose to provide an easier or less costly accommodation as long as it is effective in meeting the employee's needs.
May an employer be required to provide more than one accommodation for the same employee with diabetes? The duty to provide a reasonable accommodation is an ongoing one. Although some employees with diabetes may require only one reasonable accommodation, others may need more than one. For example, an employee with diabetes may require leave to attend a class on how to administer insulin injections and later may request a part-time or modified schedule to better control his glucose levels.
An employer must consider each request for a reasonable accommodation and determine whether it would be effective and whether providing it would pose an undue hardship. May an employer automatically deny a request for leave from someone with diabetes because the employee cannot specify an exact date of return?
Granting leave to an employee who is unable to provide a fixed date of return may be a reasonable accommodation. Although diabetes can be successfully treated, some individuals experience serious complications that may be unpredictable and do not permit exact timetables. An employee requesting leave because of diabetes or resulting complications for example, a foot or toe amputation , therefore, may be able to provide only an approximate date of return e.
In such situations, or in situations in which a return date must be postponed because of unforeseen medical developments, employees should stay in regular communication with their employers to inform them of their progress and discuss the need for continued leave beyond what originally was granted.
The employer also has the right to require that the employee provide periodic updates on his condition and possible date of return. After receiving these updates, the employer may reevaluate whether continued leave constitutes an undue hardship.
When it comes to safety concerns, an employer should be careful not to act on the basis of myths, fears, or stereotypes about diabetes. Instead, the employer should evaluate each individual on her skills, knowledge, experience and how having diabetes affects her.
When may an employer refuse to hire, terminate, or temporarily restrict the duties of a person who has diabetes because of safety concerns?
An employer only may exclude an individual with diabetes from a job for safety reasons when the individual poses a direct threat. A "direct threat" is a significant risk of substantial harm to the individual or others that cannot be eliminated or reduced through reasonable accommodation.
In making a direct threat assessment, the employer must evaluate the individual's present ability to safely perform the job. The employer also must consider:. The harm must be serious and likely to occur, not remote or speculative. Finally, the employer must determine whether any reasonable accommodation for example, temporarily limiting an employee's duties, temporarily reassigning an employee, or placing an employee on leave would reduce or eliminate the risk.
May an employer require an employee who has had an insulin reaction at work to submit periodic notes from his doctor indicating that his diabetes is under control?
Yes, but only if the employer has a reasonable belief that the employee will pose a direct threat if he does not regularly see his doctor. In determining whether to require periodic documentation, the employer should consider the safety risks associated with the position the employee holds, the consequences of the employee's inability or impaired ability to perform his job, how long the employee has had diabetes, and how many insulin reactions the employee has had on the job.
Example The owner of a daycare center knows that one of her teachers has diabetes and that she once had an insulin reaction at work when she skipped lunch. When the owner sees the teacher eat a piece of cake at a child's birthday party, she becomes concerned that the teacher may have an insulin reaction.
Although many people believe that individuals with diabetes should never eat sugar or sweets, this is a myth. The owner, therefore, cannot require the teacher to submit periodic notes from her doctor indicating that her diabetes is under control because she does not have a reasonable belief, based on objective evidence, that the teacher will pose a direct threat to the safety of herself or others.
What should an employer do when another federal law prohibits it from hiring anyone who uses insulin? If a federal law prohibits an employer from hiring a person who uses insulin, the employer is not be liable under the ADA. The employer should be certain, however, that compliance with the law actually is required, not voluntary.
The employer also should be sure that the law does not contain any exceptions or waivers. For example, the Department of Transportation's Federal Motor Carrier Safety Administration FMCSA issues exemptions to certain individuals with diabetes who wish to drive commercial motor vehicles CMVs.
The ADA prohibits harassment, or offensive conduct, based on disability just as other federal laws prohibit harassment based on race, sex, color, national origin, religion, age, and genetic information.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
Although the law does not prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision such as the victim being fired or demoted.
Employers should make clear that they will not tolerate harassment based on disability or on any other basis. This can be done in a number of ways, such as through a written policy, employee handbooks, staff meetings, and periodic training.
The employer should emphasize that harassment is prohibited and that employees should promptly report such conduct to a manager. Finally, the employer should immediately conduct a thorough investigation of any report of harassment and take swift and appropriate corrective action.
For more information on the standards governing harassment under all of the EEO laws, see www. The ADA prohibits retaliation by an employer against someone who opposes discriminatory employment practices, files a charge of employment discrimination, or testifies or participates in any way in an investigation, proceeding, or litigation related to a charge of employment discrimination.
It is also unlawful for an employer to retaliate against someone for requesting a reasonable accommodation. Persons who believe that they have experienced retaliation may file a charge of retaliation as described below.
Any person who believes that his or her employment rights have been violated on the basis of disability and wants to make a claim against an employer must file a charge of discrimination with the EEOC.
A third party may also file a charge on behalf of another person who believes he or she experienced discrimination. For example, a family member, social worker, or other representative can file a charge on behalf of someone who is incapacitated because of diabetes.
The charge must be filed by mail or in person with the local EEOC office within days from the date of the alleged violation. The day filing deadline is extended to days if a state or local anti-discrimination agency has the authority to grant or seek relief as to the challenged unlawful employment practice.
The EEOC will send the parties a copy of the charge and may ask for responses and supporting information. Before formal investigation, the EEOC may select the charge for EEOC's mediation program. Both parties have to agree to mediation, which may prevent a time consuming investigation of the charge.
Participation in mediation is free, voluntary, and confidential. If mediation is unsuccessful, the EEOC investigates the charge to determine if there is "reasonable cause" to believe discrimination has occurred.
If reasonable cause is found, the EEOC will then try to resolve the charge with the employer. In some cases, where the charge cannot be resolved, the EEOC will file a court action. If the EEOC finds no discrimination, or if an attempt to resolve the charge fails and the EEOC decides not to file suit, it will issue a notice of a "right to sue," which gives the charging party 90 days to file a court action.
A charging party can also request a notice of a "right to sue" from the EEOC days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving the notice.
Vol No Globally, diabetes Superfood supplement for energy boost one of cojsiderations four most common non-communicable diseases World Green tea and weight management Organization Green tea and weight management, Serious complications, such as loss work/employent eyesight and work/rmployment sensation and circulation in consideratilns lower Diabeted, are associated with poor control of consideraations condition Ruston et an, Diabetes is one of the few chronic conditions that can be largely self-managed by the people living with it American Diabetes Association [ADA], and, in view of the time spent by individuals at their place of employment, the management of their condition whilst at work is very important. Research about diabetes and employment is limited and predominantly quantitative in nature Tunceli et al, ; Herquelot et al, ; Breton et al, ; Stynen et al, ; Kouwenhoven-Pasmooij et al,with only one qualitative study Ruston et al,
Diabetes is a DDiabetes condition where people cannot produce worrk/employment insulin or Energy boosting tips for runners body Diabeetes adequately use the insulin it has produced. Insulin is the hormone that controls Green tea and weight management level of glucose, which is a form of sugar, in the bloodstream by regulating its movement into your cells. Insulin is necessary because glucose is a main source of energy for the body's cells. The human body can produce glucose or get it from food. When the pancreas does not produce insulin, glucose builds up in your blood.
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