The incidence of diabetes in the United States is rising. More than 17 million people over age 20 are diagnosed with diabetes, so you face a good chance of having diabetics on youror on an applicant list.
How must you accommodate them? The EEOC recently published a Q&A fact sheet to help organizations understand how diabetes interacts with the Americans with Disabilities Act (ADA).
Among the EEOC's advice: You can never ask applicants if they are diabetics. If they voluntarily tell you, you can respond by asking only two questions: 1. Do you need an accommodation? and 2. What type of accommodation?
After offering a job, you can ask about an applicant's health conditions, including diabetes, and request a medical exam. But you can't withdraw the job offer unless it becomes clear that the applicant can't perform the job's essential functions or would pose a direct threat to the health or safety of herself/himself or others.
Diabetics can be considered "disabled" under the ADA. The law says that if an impairment limits "one or more major life activities," it could be a disability. In a recent case, a court said that a diabetic bank worker who needed to eat at her desk (against company rules) could be considered disabled because eating is a major life activity.
Find the EEOC fact sheet at www.eeoc.gov/facts/diabetes.html.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- How to make sure request for ADA accommodations blows up: Do nothing
- Sudden harassment claim? Investigate before firing
- Cluelessness at WirelessCom costs big settlement
- Ledbetter's lesson: Revamp salary guidelines to make pay as fair as possible