Diabetes is the cause of 15 million lost workdays a year in the United States and, starting in 2009, the ADA expressly makes diabetes a covered disability. A new court ruling shows the legal risk caused by supervisors who lack the understanding of (or compassion for) diabetic symptoms, which sometimes include frequent urination …  

Case in Point: Efrain Ortega, a die cast machine operator at an Illinois manufacturing company, was diagnosed with diabetes. His doctor sent a note to the company indicating that Ortega might need certain accommodations at work, including his need to urinate frequently, about every 15 minutes, as a symptom of his diabetes.

Twice he involuntarily urinated on himself at work because he couldn’t get to the restroom on time. Following those incidents, he claims he had three separate conversations with his supervisor. He asked for his work station to be moved closer to the restroom. His supervisor allegedly refused and instead suggested Ortega urinate into a cup for emergencies as long as the “big bosses” weren’t watching.

Sometime later, Ortega’s supervisor reported him for exposing himself and urinating near his workstation. The top brass, including HR, agreed to fire Ortega.

Ortega sued for failing to provide a reasonable accommodation under the Americans with Disabilities Act (ADA). The EEOC backed his claim. His argument: The ADA provides job protection to employees who are substantially limited in certain major life activities, including “waste elimination.” Employers are required to consider reasonable accommodations for qualified disabled employee. The ADA Amendments Act, which took effect on Jan. 1, 2009, expressly makes diabetes a covered disability.

The company’s defense? Ortega’s supervisor denied having any conversations about urination issues or requests to move to nearer to the restroom. (EEOC v. Cast Products Inc., N.D. Ill., No. 07-5457, 3/9/09).

What happened next…and what lessons can be learned?

The court sent the case to a jury to decide if the company failed to engage in the required ADA “interactive process” when it flatly rejected Ortega’s request to be closer to the bathroom. The court noted that, “Under the ADA, an employee seeking accommodation bears the initial burden of notifying the employer about his disability.”

Although the parties agreed Ortega never informed HR about his frequent need to urinate because of his diabetes, the court said Ortega's testimony that he informed his supervisor on multiple occasions could be sufficient notice to the employer.

3 Lessons Learned …Without Going to Court

1. Train ears.  Managers and supervisors need to be trained to listen for requests for accommodations. Employees do not need to name the laws in order to put employers “on notice” of their rights for reasonable accommodations.

2. Train brains. While you’ve got them in training, teach them to use their brains. This alleged alternative to urinate into a cup could cause more risks in the workplace, including creating a hostile work environment for the employee and those who may have witnessed acts of exposure.

3. Train hearts. While diabetes involves the pancreas, managers and supervisors must have warm hearts for employees who suffer from disabilities. Train them to immediate call their strategic HR partner for centralized compliance, whether the “big bosses” are watching or not.