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| At Work With Diabetes (July) |
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| Written by Nancy Mayer, JD |
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Being at work with diabetes can be a difficult situation even if you have been determined to be a person with a disability eligible for one or more accommodations. You still must perform all your job elements. An accommodation is merely intended to allow you to perform as if you were a person without a disability. An accommodation does not release you from doing your job. Employers have no obligation to change your performance requirements or job description because you have received an accommodation. There are a few exceptions for short term accommodations, such as limiting weight lifting until someone recovers from surgery, but these are very fact specific and do not apply in many situations. You do not have the right to avoid doing your assigned duties unless provided for in your accommodations. Lastly, you must decide who you tell about your disability and how much to tell these individuals. Whether or not your employer is covered under the ADA, privacy laws protect you from your management releasing any information about your disability to anyone. If questioned by coworkers, manager’s response must be limited to the fact that you are meeting your performance requirements. But you, as a person with diabetes, have a situation where you may want some of your co-workers to be aware of your medical condition so they may respond appropriately if you have an emergency. You must decide how candid you want to be, recognizing that co-workers, although restricted by general privacy laws, may not keep your confidences. As a person with a disability, people with diabetes are in a protected class covered under anti-discrimination laws. Even with this protection, some employers unlawfully withhold promotions or certain assignments if the employer perceives the disability as performance limiting. Co-workers can also make life difficult for anyone using an accommodation by gossiping or otherwise treating a person with a disability differently than other employees. This may be particularly true in hard economic times. It is not easy to decide between telling others about your medical condition so they will be informed in case something happens and not wanting to jeopardize your advancement. Yes, you can go to court if adverse actions occur but this takes time and money and you never have a guaranteed win. You must make this choice, I am providing this information to help you to make an informed decision. Note: This is not legal advice. I'm not your attorney. Some of this information will vary in your state. This provides general information and a start in deciding what to tell your lawyer. Nancy Mayer, Attorney-at-law |





