Diabetes in the Workplace

Nearly 30 million Americans have diabetes today. Medical and treatment advances have allowed people with diabetes to maintain long and productive lives, at school, at home and at work

There are some common issues that arise for people with diabetes in the workplace such as how to handle the need to take medications, breaks, or deal with blood glucose monitoring and management. Employers may raise concerns about whether or not an individual with diabetes can safely perform a particular job.

The laws that offer some guidance on these issues are the Americans with Disabilities Act and the Rehabilitation Act of 1973 at the federal level, as well as the many state and local human rights laws that address disability related discrimination.

Both the ADA and the Rehabilitation Act prohibit discrimination in employment against qualified individuals with disabilities, which includes people with diabetes. Generally speaking, employers cannot, because of your diabetes, fail to hire or promote you, terminate you, or take other adverse employment actions against you. This includes things like failing to offer training or other benefits offered to other employees who don't have diabetes.

In the past, blanket bans against hiring people with disabilities for certain classes of jobs were common. If you had diabetes, you couldn't drive a truck, for example. Such bans are no longer permissible under the law, because it is now widely understood and accepted that diabetes impacts every person differently. As a result, the law requires an "individualized assessment" of an employee's skills and abilities; this is true whether they have diabetes or another disability. This means that decisions can't be made based on stereotypes and assumptions about diabetes, but instead must be made based on the qualifications, skills and abilities of the particular employee.

Potential employers can't inquire about an individual's diabetes, nor can they routinely order medical evaluations of applicants or employees with diabetes. After a conditional offer of employment is made, and if the job requires it, a medical evaluation can be conducted. But the offer may only be withdrawn if it is clear that the individual with diabetes can't perform the essential functions of the job with or without reasonable accommodation, or if the individual would pose a direct threat to health or safety. If an employee has been on extended medical leave, an evaluation may be ordered to determine fitness for duty, as well.

Employers must provide "reasonable accommodations" for employees with known or disclosed disabilities if necessary for them to perform the essential functions of the position. Reasonable accommodations include thing that allow for an employee to manage their diabetes on a day to day basis at the workplace such as: taking breaks to test blood glucose levels, eating or drinking at times other than specified meal times or breaks, and taking time to administer insulin or other diabetes medications. An employee with diabetes may need a flexible schedule to take care of medical appointments, as well.

Individuals with diabetes may experience complications for which accommodations or modifications may be appropriate. For example, some people with diabetes experience vision loss due to retinopathy, or difficulty walking due to neuropathy in their feet. For vision loss, providing an employee with materials in large print, or computer software such as screen readers can be effective ways to allow the employee to continue to be productive. For someone with neuropathy, moving their work station or allowing them to sit periodically are examples of accommodations that can be effective.

In the past, blanket concerns about the safety of employees with diabetes often prevented them from working. Today, employers need to consider whether their concerns are reasonable in relation to an individual's job duties. For an employee doing work at a computer all day, it is highly unlikely that an episode of hypoglycemia will put anyone at risk. For jobs like driving a truck or operating heavy machinery, there is a higher risk of harm; however, this increased risk cannot result in a blanket ban from these types of positions. Instead, the employer and employee together must consider what reasonable accommodations might reduce any risks to health and safety.

Diabetes is a prevalent condition in American society. As a result, more and more employees with diabetes will be entering and staying in the workforce. Employers must educate themselves on diabetes and related employment issues and stay abreast of this important area of the law. For more information on diabetes related employment issues, consult with an attorney in your jurisdiction.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.