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Friday, September 30, 2011

There's no reason you must suffer with discrimination on the job if you have diabetes

By Simi Longley


What's diabetes?

Diabetes is a metabolic disorder indicated by high glucose blood sugar. The World Health Organization recognizes three main types of diabetes: type 1, type 2 and gestational diabetes, which have similar effects and symptoms but different causes and population distributions. Type 1 is mostly due to autoimmune destruction of the insulin manufacturing cells. Type 2 is involves insulin resistance which can progress to loss of beta cell function. Gestational diabetes is due to a poor interchange between fetal needs and maternal metabolic controls.

Types one and two are terminal but treatable with insulin. Diabetes can result in many difficulties. Acute glucose level defects can occur if insulin level isn't well-controlled, for example increased chance of heart disease, kidney failure, nerve damage, impotence, and poor healing.

Under both the American citizens with Incapacities Act and the California Fair Employment and Housing Act, diabetes can render an individual disabled, worthy of protection from discrimination. Accordingly, an boss may not take any harmful action against an employee because of the employee's diabetes. The boss has also got an obligation to provide reasonable accommodation to an employee with diabetes so as to permit the employee to perform the fundamental functions of the job. The law will protect an employee whose boss does not provide these obligatory accommodations. For instance, the boss has an obligation to accommodate an employee's need to receive insulin shots, whether or not that means receiving the injection at work or going to the doctor to get them.



Diabetes is also a health condition, inside the meaning of the Fair Work and Housing Act, deserving of protection from discrimination. FEHA outlines a medical condition as any health impairment related to, or linked with, a diagnosis of cancer, for which a person has been rehabilitated or cured, primarily based on competent medical evidence; or any genetic characteristic.

An employer may not take a harmful action (like firing, refusing to hire, or failing to accommodate an employee's wants) on the supposition of an employee's medical problem. An employer has a requirement to house the employee by authorized her to attend medical appointments, receive treatment, and provide reasonable on-site accommodations for the condition.

Discrimination against diabetics can take the form of:

--Your boss doesn't allow you to miss work for medical appointments

--Your company does not accommodate your need to take a reasonable period of time off of work

--Your employer won't provide reasonable on-site accommodations for your incapacity

--Your boss doesn't allow you to receive insulin shots at work or to leave to get insulin shots

--Your employer does not accommodate your nutritional desires

The law protects diabetics:

To state a reason for action for incapacity discrimination, a worker must be disabled, thought of as disabled, or have a record of being disabled. The employee must then show that:

a) their incapacity leads to physical restrictions

b) that he or she can still perform the indispensable functions of the job (with or without reasonable accommodations)

c) and that the employer took some adversary action (like not hiring, firing, or demoting the employee) on the premise of that incapacity.




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