ADA Question

sobekneferu · April 2003

Sorry for posting this here. I posted on the ADA page and didn't get any responses. Thought this page would get more traffic. We have an employee who is trying to manage her diabetes through diet and medication (not insulin). When she was first diagnosed, she started attending an exercise class that was held only at certain times of the week. She also has to eat at certain times of the day and check her glucose levels frequently. Her supervisor assigned her to teach a group (I work in a domestic violence shelter) at night, which tampered with her regular schedule of meals and glucose checks. It also eliminated one of the few times she could go exercise. She asked that her schedule not be changed, and gave her supervisor's supervisor a letter from her dietician. She was denied accomodation because her supervisor said the shelter "sometimes got busy at night, and they needed all four shelter staff to work there instead of teaching group." She had offered to teach groups other days of the week. Since that time this employee has been having increasing problems managing her diabetes. She would now like to go to a support group that takes place twice a month on Tuesday nights. I would like the agency to accomodate her because we have accomodated every other request, no matter how absurd it sounded, and I feel that we're headed for a headache (this person is a lawyer!). I need some back-up though. Has anyone had a similar experience, and can you share with me what you did and what the outcome was?

Hatchetman · April 2003

[font size="1" color="#FF0000"]LAST EDITED ON 04-10-03 AT 01:36AM (CST)[/font][p]I am going to assume that you have already established that her diabetes does qualify her as disabled under ADA -- or that even if it hasn't you are not treating her as disabled because she has diabetes. I haven't had to deal with the specific issue you have.

Remember, if reasonable accommodation is needed the purpose is to allow the employee to peform the essential duties of the job or to perform the essential dutes at a later time (this is what a leave is for under ADA) with or without further reasonable accommodation. I don't know whether this latest program she is seeking an accommodation for has anything to do with that purpose.

Take a look at EEOC's guidances on ADA, reasonable accommodation and undue hardship. It may help clarify the issues for you.

[url]http://www.eeoc.gov/facts/accommodation.html[/url] This one addresses issues as a small employer

[url]http://www.eeoc.gov/docs/accommodation.html[/url] This one addresses issues as a large employer

neveradull · April 2003

I would like the agency to accomodate her because we have accomodated every other request, no matter how absurd it sounded,...
Based on this statement, to be consistent, I would try to accomodate (do what we could to help the meployee) if feasible and not get into ada issues.

Moria · April 2003

Hatchetman, I printed out the Small Employers and Resonable Accomodation site, thanks. I could have used this yesterday for "Blind leading the Blind", and not had that second bot... no no glass of wine! Moria

SMace · April 2003

I think the others addressed your problem accurately. I wanted to comment that it is quite refreshing to see someone try to deal with a medical problem by changing their lifestyle instead of resorting to medication. So many times people with health problems that are contributed to by poor lifestyle choices decide to pile on the prescriptions and continue to NOT exercise or eat healthy. Good for her, but sorry it's giving you headaches. Off the soap box now.

Stephen

ezbell · April 2003

You really should make every effort to accommodate this employee, especially in light of the fact that the employee is offering alternatives and being cooperative. As you know, the ADA is one of the most complicated laws on the books and changes with each case that appears in court. Your company could lose if hit with a charge of discrimination or a lawsuit.

awilliams · April 2003

This may be an obvious question that you already dealt with - but are you sure you are covered by the ADA? You mention that you have only 4 staff members. If you don't have 15 employees, you may not even need to analyze this request.

Anne Williams
Attorney Editor
M. Lee Smith Publishers, LLC

sobekneferu · April 2003

We only have four people working the "swing shift" in our shelter - but we have around 40 employees in all. We definitely qualify. I want to thank everyone for their responses. My concern was caused by the fact that we have accomodated people with ADHD, people with depression, etc., conditions that on the surface may not seem to limit a major life activity, and I think this particular employee is getting a raw deal from her supervisors because she has what some folks might call a "strong personality". That strong personality is itching to file a lawsuit.

Sobek

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