Mindy is a nationally recognized authority in EEO laws and is a contributing editor to the HR Specialist: Employment Law
monthly newsletter. She is highly regarded for her workplace compliance
training that “clicks and sticks,” because it is practical and
memorable. She is also the coauthor of the American Bar Association’s
bestseller and authority on civil rights training, “Case Dismissed! Taking Your Harassment Prevention Training to Trial."
The Society for Human Resources Management (SHRM) has recognized Mindy as one of its Top Ten Speakers nationally. She has trained extensively in all industries at all levels of the
workforce—from boardroom executives to managers and supervisors and to
hourly employees in union and non-union environments.
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.

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