Insulin-Dependant Diabetic
ABQuinlan
2 Posts
Assume insulin-dependant diabetic employee has a desk job that requires occasional driving to interview people, perhaps two or three times a week. What medical standards should company physician apply in assessing the risk the employee may have an auto accident due to "insulin shock". this employee is extremely careful about taking medication and has no on-the-job work deficiencies related to his diabetes.
The American Diabetes Association offered no help.
The American Diabetes Association offered no help.
Comments
In what you describe, there is no reasonable belief, as far as I can see, that just because the employee is a diabetic, he or she poses a direct and imminent risk him or herself or others if the employee drives a car on company business. If the employee has a driver's license and driving for your company is consistent with that type of license, then what's the problem?
Take a look at EEOC Guidance on Disabilities and ADA as it relates to risk determination. You'll see that what your seeking is not relevant to that determination. Go to [url]www.eeeoc.gov[/url] and look at "Policies and Enforcement Guidances" Then look for the ADA documents on "Medical Inquiries and Disabilities" issued in July 2000.
The Guidance notes in part, "The determination that an employee poses a direct threat must be based on an individualized assessment of the employee's present ability to safely perform the essential functions of the job. This assessment must be based on a reasonable medical judgement that relies on the most current medical knowledge and/or best objective evidence."
We recently ran an article on this topic on HRhero.com:
The ADA and the ADA: coping with your diabetic employees
[url]http://www.hrhero.com/headlines/112202/ada.shtml[/url]
Hope this helps!
Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]