The Americans with Disabilities Act Protects Diabetics and Their Families in the Workplace

According to the American Diabetes Association, 23.6 million American adults and children have diabetes - totaling nearly 8 percent of the population. That's a huge number of individuals with diabetes - and chances are good that if you do not have diabetes, someone you know has it - including someone you may work with.

According to the Americans with Disabilities Act, individuals with diabetes are protected in the workforce from discrimination and may be entitled to certain accommodations. The Act not only protects employees, but may also protect families members of employees who have diabetes if the employee needs to take time away from work to help accommodate that qualifying family member.

Want to know more about your rights in the workplace if you or a qualifying family member has diabetes? Here's some more information about how the Americans with Disabilities Act protects diabetics and their families:

It is illegal to discriminate against diabetics based on their diabetes

Both federal and state laws are in place to protect individuals with disabilities. Because diabetes is a chronic health condition, individuals with diabetes are classified as having a disability that qualifies for coverage by state and federal laws. One of the most important and wide-spread laws impacting diabetics is the Americans with Disabilities Act. The Americans with Disabilities Act protects employees from discrimination on the basis of their disability, which, in the case of a diabetic, is diabetes.

Some of the forms of discrimination that diabetics are protected against include discrimination when hiring, promoting, training, or terminating employees. Therefore, employers are not legally allowed to use diabetes as a consideration when making any decisions on these employment-related matters.

Employers should make reasonable accommodations for employees with diabetes

Additionally, employers should make reasonable accommodations for employees that have diabetes. This means that employers must make every "reasonable" effort to accommodate diabetics if they request private space to administer medication, test their blood glucose levels, snack, or otherwise. In some cases, employers will need to modify an employee's schedule to accommodate their diabetes management requirements.

Also, in a situation in which a diabetic has developed complications due to their diabetes, the employer may have to make additional accommodations. For example, many diabetics develop vision-related problems because of their conditions. In such a case, the employer may have to provide the employee with a magnifying computer monitor. Employers may also have to develop a functional or more comfortable workstation if a diabetic is in a wheelchair as a result of complications of the condition. (source: http://www.diabetes.org/communityprograms-and-localevents/waw-protecting-employee-rights.jsp)

If an employee has a concern about the Americans with Disabilities Act or discrimination in the workplace for reasons based on their diabetes, the employee should first speak with the employer about his or her concerns. The employee may also contact the American Diabetes Association for more information or advocacy.

Sources:

http://www.diabetes.org/communityprograms-and-localevents/waw-protecting-employee-rights.jsp

http://www.imtypefree.com/Standards-of-care-for-type-2-diabetes.html

http://www.diabetes.org/about-diabetes.jsp