Does The ADA Apply To Diabetis? (letters, employee, average, employer)

[KevK]

The company I work for, aka "the telephone company" has, in the past few years, instituted lots of crappy policies towards employees. This has happened since an ever bigger telephone company, known by its 3 letters, bought my telephone company.
Monday a new directive was issued to telephone company employees that work outside (such as the techs that come to your home or business and ones such as myself that work at cellular installations) are no longer allowed to enter company facilities during the working day.
This puts a crimp on many employees that bring their lunches and go into the nearest central offices to use the microwaves and break rooms to eat their lunch. There are simply not many places one can go and eat their own brought lunch.
I never gave it any thought and I don't really care but a co worker mentioned that he has diabetis and he is really wacked out about it because he has special dietary needs that he has to maintain. He brings his lunch and used the C.O. microwaves and breakrooms to eat in.
I told him that he should call the union and discuss it with them and that he might be able to file under the ADA because the company is not making a "reasonable accomodation" to him. But I do not know if the ADA applies to diabetis or not.
Does anybody here know?

[malone7384]

Hi there,

I found this information on the EEOC website that hopefully will help.

www.eeoc.gov/facts/diabetes/html (http://www.eeoc.gov/facts/diabetes/html - broken link)



Introduction

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities. Title I of the ADA covers employment by private employers with 15 or more employees as well as state and local government employers. The Rehabilitation Act provides similar protections related to federal employment. In addition, most states have their own laws prohibiting employment discrimination on the basis of disability. Some of these state laws may apply to smaller employers and provide protections in addition to those available under the ADA.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA. This guide explains how the ADA might apply to job applicants and employees with diabetes. In particular, this guide explains:

• when diabetes is a disability under the ADA;
• when an employer may ask an applicant or employee questions about her diabetes;
• what types of reasonable accommodations employees with diabetes may need; and,
• how an employer should handle safety concerns about applicants and employees with diabetes.

General Information About Diabetes

Diabetes is becoming more common in the United States, with approximately one million new cases diagnosed each year.(1) Today, nearly 17 million Americans age 20 years or older have diabetes, including individuals of nearly every race and ethnicity.(2) Diabetes occurs when the pancreas does not produce any insulin or produces very little insulin, or when the body does not respond appropriately to insulin. Insulin is a hormone that is needed to convert sugar, starches, and other food into energy. The process of turning food into energy is crucial because the body depends on this energy for every action, from pumping blood and thinking to running and jumping. Although diabetes cannot be cured, it can be managed. Some people control their diabetes by eating a balanced diet, maintaining a healthy body weight, and exercising regularly. Many individuals, however, must take oral medication and/or insulin to manage their diabetes.(3)
Individuals with diabetes successfully perform all types of jobs from heading major corporations to protecting public safety. Yet, many employers still automatically exclude them from certain positions based on myths, fears, or stereotypes. For example, some employers wrongly assume that anyone with diabetes will be unable to perform a particular job (e.g., one that requires driving) or will need to use a lot of sick leave. The reality is that, because many individuals with diabetes work with few or no restrictions, their employers do not know that they have diabetes. Some employees, however, tell their employers that they have diabetes because they need a "reasonable accommodation" a change or adjustment in the workplace to better manage and control their condition. Most of the accommodations requested by employees with diabetes such as regular work schedules, meal breaks, a place to test their blood sugar levels, or a rest area do not cost employers anything to provide.
1. When is diabetes a disability under the ADA?
Diabetes is a disability when it substantially limits one or more of a person's major life activities. Major life activities are basic activities that an average person can perform with little or no difficulty, such as eating or caring for oneself. Diabetes also is a disability when it causes side effects or complications that substantially limit a major life activity. 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). Finally, diabetes is a disability when it does not significantly affect a person's everyday activities, but the employer treats the individual as if it does. For example, an employer may assume that a person is totally unable to work because he has diabetes. Under the ADA, the determination of whether an individual has a disability is made on a case-by-case basis.

[Lindsey_Mcfarren]

I don't understand what their beef is with its own employees coming into their buildings and using the facilities for lunch. That seems crazy to me.

BUT then again I have a neighbor who had worked there and was laid off just before retirement, he has had a hard time finding another job. Sometimes companies make rules like this to make people mad. I honestly don't see what other reason they have for this.

Is it really costing them money for you guys to come into the office to eat lunch??

What a bunch of jerk offs.

[annerk]

I know plenty of insulin dependent diabetics who bring a sack lunch to work that doesn't require heating, and there's no reason that a diabetic "must" eat in a breakroom as opposed to their work vehicle, etc.

While I think the rule is stupid, there's no ADA basis for the diabetic coworkers claim. So he can't eat the bread carbs to make a sandwich--there are plenty of other options including heating the food at home before he leaves in the morning and keeping it warm by using a wide mouth insulated Thermos.

What does he think diabetics did before micorwaves were invented?

[KevK]

Originally Posted by Lindsey_Mcfarren

I don't understand what their beef is with its own employees coming into their buildings and using the facilities for lunch. That seems crazy to me.

BUT then again I have a neighbor who had worked there and was laid off just before retirement, he has had a hard time finding another job. Sometimes companies make rules like this to make people mad. I honestly don't see what other reason they have for this.

Is it really costing them money for you guys to come into the office to eat lunch??

What a bunch of jerk offs.

They have a beef with employees doing much of anything. No, it does not cost them anything for an employee to eat inside of a central office break room. That is what they are there for. It may cost them more not too because alot of employees will probably sit in company vehicles and idle for an hour while they eat. I either buy mine or go home for lunch.

[KevK]

Originally Posted by annerk

I know plenty of insulin dependent diabetics who bring a sack lunch to work that doesn't require heating, and there's no reason that a diabetic "must" eat in a breakroom as opposed to their work vehicle, etc.

While I think the rule is stupid, there's no ADA basis for the diabetic coworkers claim. So he can't eat the bread carbs to make a sandwich--there are plenty of other options including heating the food at home before he leaves in the morning and keeping it warm by using a wide mouth insulated Thermos.

What does he think diabetics did before micorwaves were invented?

I don't know what he eats or what he can or cannot eat.

[annerk]

Originally Posted by KevK

I don't know what he eats or what he can or cannot eat.

Diabetics must watch their carbohydrate and sugar intakes. If he is Type 1 and/or insulin dependent then he does so by limiting sugar and carbohydrates, testing his blood sugar, and taking the appropriate amount of insulin.

If he is type 2 his blood sugar can usually be regulated by weight loss and healthy diet. The majority of Type 2 diabetics do not need insulin.

Either way, a microwave and lunch room is not required for a diabetic to maintain a healthy diet. Considering microwaves have only really been around for about 25 years, and diabetics have been managing their disease for almost a century with insulin and proper diets, I don't see where he can fight this on ADA grounds.

It's possible that the reason they can't eat in the office breakroom any longer is that they are coming in dirty from the field. Where I work the shop guys aren't allowed to eat in the office breakroom for exactly that reason. They have their own breakroom out in the shop as well as a shaded picnic area. They are supplied uniforms that are also cleaned for them, the office staff wears their own clothes to work, and it's too easy for them to get ruined by grease or grime that rubs off from a uniform.

[I_Love_LI_but]

Originally Posted by KevK

The company I work for, aka "the telephone company" has, in the past few years, instituted lots of crappy policies towards employees. This has happened since an ever bigger telephone company, known by its 3 letters, bought my telephone company.
Monday a new directive was issued to telephone company employees that work outside (such as the techs that come to your home or business and ones such as myself that work at cellular installations) are no longer allowed to enter company facilities during the working day.
This puts a crimp on many employees that bring their lunches and go into the nearest central offices to use the microwaves and break rooms to eat their lunch. There are simply not many places one can go and eat their own brought lunch.
I never gave it any thought and I don't really care but a co worker mentioned that he has diabetis and he is really wacked out about it because he has special dietary needs that he has to maintain. He brings his lunch and used the C.O. microwaves and breakrooms to eat in.
I told him that he should call the union and discuss it with them and that he might be able to file under the ADA because the company is not making a "reasonable accomodation" to him. But I do not know if the ADA applies to diabetis or not.
Does anybody here know?

Tell your friend with diabetes that he should talk to the union about having special accommodations made. He also needs a place to test his blood sugar besides a place to eat his meals and restaurants won't let him use their rest rooms unless he buys something and it would be awkward to ask customers that you go to do work for to use their bathrooms.

I think your company is being very mean-spirited to everyone. Where are you guys supposed to go to the bathroom? In the street somewhere? As for where to eat, some say eat in your vehicle, but what about when it is very hot or very cold out? That is uncomfortable and if you sit in the vehicle then you need to run the engine for a/c or heat and waste gas or worst case scenario sometimes people don't crack the window and they can get carbon monoxide poisoning.

[annerk]

Originally Posted by I_Love_LI_but

Tell your friend with diabetes that he should talk to the union about having special accommodations made. He also needs a place to test his blood sugar besides a place to eat his meals and restaurants won't let him use their rest rooms unless he buys something and it would be awkward to ask customers that you go to do work for to use their bathrooms.

Actually he can test his sugar in his truck. You don't need anything special to do that. A friend of mine tested hers in the car before we went into the mall while we were out shopping a few weeks ago. And that's if he needs to test. If he's type 2 he probably doesn't test after each meal.

I think your company is being very mean-spirited to everyone. Where are you guys supposed to go to the bathroom? In the street somewhere? As for where to eat, some say eat in your vehicle, but what about when it is very hot or very cold out? That is uncomfortable and if you sit in the vehicle then you need to run the engine for a/c or heat and waste gas or worst case scenario sometimes people don't crack the window and they can get carbon monoxide poisoning.

They can stop at any 7-11 or fast food place to use a rest room. And my guess is that their vehicles have heat and a/c. I'd want to know the actual reason for the new rule without passing judgement on the company.