ERIC ED418512: Employment Considerations for People Who Have Diabetes. Implementing the Americans with Disabilities Act.

6 Pages·0.14 MB·English

by  ERIC

DOCUMENT RESUME
EC 306 076
ED 418 512
AUTHOR
Dickson, Mary B.
Employment Considerations for People Who Have Diabetes.
TITLE
Implementing the Americans with Disabilities Act.
State Univ. of New York, Ithaca. School of Industrial and
INSTITUTION
Labor Relations at Cornell Univ.
National Inst. on Disability and Rehabilitation Research
SPONS AGENCY
(ED/OSERS), Washington, DC.
PUB DATE
1994-01-00
NOTE
5p.
H133D10155
CONTRACT
ILR Program on Employment and Disability, ILR Extension
AVAILABLE FROM
Building, Room 102, Cornell University, Ithaca, NY
14853-3901; telephone: [phone]; TTY: 607-255-2891.
Information Analyses (070)
Non-Classroom (055)
Guides
PUB TYPE
MF01/PC01 Plus Postage.
EDRS PRICE
*Career Development; Civil Rights Legislation; *Diabetes;
DESCRIPTORS
*Disability Discrimination; Educational Legislation; *Equal
Opportunities (Jobs); Federal Legislation; Personnel
Management; *Special Health Problems
*Americans with Disabilities Act 1990; Attitudes toward
IDENTIFIERS
Disabled; *Reasonable Accommodation (Disabilities)
ABSTRACT
One of a series of guides on implementing the Americans with
Disabilities Act (ADA), this guide focuses on employment considerations for
people who have diabetes. First, the condition of diabetes mellitus, both
Types I and II, is briefly explained. Next, the relationship of diabetes to
the ADA is examined, including the definition of a disability in the ADA, and
examples of how a person with diabetes might be discriminated against in
employment. Next, implications of diabetes for the workplace are considered,
as are types of jobs that people with diabetes do. Reasonable accommodations
for a person with diabetes under the ADA are discussed, such as accommodating
visual loss, facilitating regular testing of blood glucose levels, and
frequent meal breaks. Employers are urged to assume that people with diabetes
have the same career goals and aspirations as any other employee. A list of
suggested resources is attached.
(DB)
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Reproductions supplied by EDRS are the best that can be made
from the original document.
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Implementing the Americans with Disabilities Act
What is Diabetes?
EMPLOYMENT
Diabetes cannot be cured, but it can
be controlled.
The person with
Diabetes mellitus results from the
00
diabetes needs to take responsibility
body's inability to use food
for maintaining a good diet,
"'-'" CONSIDERATIONS
effectively for energy, resulting in
exercising, and seeking appropriate
elevated blood sugar levels. Either
medical care. Those who take good
the pancreas does not produce
PEOPLE
care of themselves can be healthier
FOR
adequate insulin or the body cannot
than other employees simply because
use the insulin effectively. There are
they are knowledgeable about and
two kinds of diabetes:
participate in a healthy life-style.
WHO HAVE
Type I, appropriately called insulin-
Diabetes and the Americans
dependent diabetes (formerly called
with Disabilities Act (ADA)
juvenile onset); OR
DIABETES
Type II, known as non-insulin-
The ADA defines a person with a
dependent (formerly called adult
disability in three ways:
The title is not
onset diabetes).
entirely accurate, since some Type II
(1) An individual who has aphysical
persons with diabetes must take
or mental impairment that
insulin injections.
substantially limits one or more
major life activities;
Type I diabetes represents only 10%
(2) Someone who has a record of suc
of the 13,000,000 Americans with
an impairment; or
diabetes and is considered the more
(3) Someone who is regarded as
serious type.
Once diagnosed,
having such an impairment.
persons with diabetes Type I must
monitor their blood sugar daily.
Diabetes is not well known or
understood by many employers.
Persons with diabetes Type II,
Many people with diabetes live and
representing the other 95% of those
work successfully for years without
with the condition, can control the
negative impact on their work.
disease with weight control,
Because their condition does not
appropriate diet, and exercise. Many,
impact their ability to do their job,
but not all, take oral medication.
they may choose to not make their
employer aware of their condition.
Half the people with diabetes do not
Fear of discrimination keeps many
know they have the condition. This
U.S. DEPARTMENT OF EDUCATION
employees with diabetes quiet.
Office of Educational Research and Improvement
EDU. ATIONAL RESOURCES INFORMATION
may be dangerous since diabetes can
CENTER (ERIC)
This document has been reproduced as
lead to complications such as kidney
In what areas might employers
received from the person or organization
originating it.
problems, decreased vision, and foot
discriminate? As with any disability,
Minor changes have been made to
disease, particularly if not well
improve reproduction quality.
the potential to discriminate exists at
Employers may offer
controlled.
any point in the employment process.
Points of view or opinions stated in this
0
document do not necessarily represent
diabetes detection and education
official OERI position or policy.
programs, using the resources of the
Examples:
local American Diabetes Association.
This can alert employees to the
A nurse sent her resume to 16
Program on Employment and Disability
symptoms of diabetes and encourage
fr)
institutions, and in her cover letter
New York State School of Industrial
them to be tested so they can control
and Labor Relations
She had
mentioned her diabetes.
the disease appropriately.
CORNELL UNIVERSITY
only two responses, and no job offer.
w
January, 1994
CORNELL UNIVERSITY
BEST COPY
AVAILABLE
2
Employment Considerations for People who have Diabetes
any person in employment. People
A man with diabetes initially hired
of the condition and the possible need
to run a shipboard boutique was
with diabetes should be individually
for regular work schedules and meal
breaks may be required as a
rejected by the company doctor
considered for employment weighing
such factors as the requirements or
reasonable accommodation.
because a diabetic woman passenger
hazards of the specific job, the
slipped into a coma 20 years ago and
Living successfully with diabetes
individual's medical condition, and
died.
means that a person must be self-
their treatment regimen (diet, oral
disciplined, self-aware, and self-
hypoglycemic agents, and insulin).
An airline employee was forced to
Any person with diabetes, whether
responsible, all valued characteristics
take two 10-minute breaks rather than
insulin-dependent or non-insulin-
one 20-minute break, during which
in many jobs.
time she had to test her blood sugar,
dependent, should be eligible for any
Reasonably Accommodating
employment for which he or she is
take insulin, and eat. The change in
a Person who has Diabetes
her break schedule was insufficient
otherwise qualified."
time to complete the tasks required to
The Americans with Disabilities Act
WhatTypes of Jobs Do People
maintain good diabetic control.
requires employers to "reasonably
with Diabetes Do?
accommodate" the limitations
These situations reflect the fear and
imposed by a person's physical or
There are very few work restrictions
misunderstanding surrounding this
mental disability.
Reasonable
for people with well controlled
As with any other
condition.
accommodation is defined as
Employers should not
diabetes.
disability, employers are required by
modification or adjustment of a job,
assume that diabetes will increase
ADA to look at the actual limitations,
employment practice, or the work
safety
concerns,
must
and
not perceived limitations.
environment that makes it possible
demonstrate that any medical
for a qualified person with a disability
Workplace Implications of
examination or other screening be
to be employed. The law states that
Diabetes
job related and consistent with
the employer needs to accommodate
In addition,
business necessity.
from the first contact with the person
Despite good monitoring of diet,
individuals should be assessed for
with the disability, during the
medication, and exercise, some
their present ability to safely perform
application process, on the job, in
the essential functions of the job.
people with diabetes may experience
training, on the work site, and when
insulin reactions caused by
considering promotions. Ifjob duties
hypoglycemia (low blood sugar).
Problems may occur with those who
change, new accommodations may
Insulin reaction can be caused by not cannot maintain blood sugar control,
need to be made.
and consequently they should not
eating at appropriate times, irregular
work in dangerous areas. However,
working schedules, and/or change in
The ADA requires an employer to
since this is quite uncommon, the
exercise level.
accommodate unless doing so would
employee, based on his or her
cause the employer an undue
experiences, should generally make
A person experiencing hypoglycemia
hardship. If an employer finds that
this decision, not the employer.
may become suddenly weak, shaky,
the cost of an accommodation would
or faint. Many people with diabetes
Diabetes is a highly individualized
impose an undue hardship and no
recognize these symptoms and will
condition. Ideally, the employee, his
funding is available from another
immediately drink orange juice or
or her doctor, and the employer work
source, an applicant or employee with
eat something high in sugar. It only
together to ensure success.
a disability should be offered the
takes a few minutes for the person's
option of paying for the portion of
Performance Management
blood sugar to return to normal.
the cost that constitutes an undue
hardship, or of providing the
For the most part, people with diabetes
The American Diabetes Association
accommodation.
should need no special treatment from
states, "Diabetes as such should not
their supervisors. An understanding
be a cause for discriminating against
CORNELL UNIVERSITY
January, 1994
3
Employment Considerations for People who have Diabetes
Frierson, James G. Employer's
accommodations needed in the
The ADA requires that employers
Guide to the Americans with
known
accommodate
only
training environment.
Some people with
Disabilities Act, Washington, DC:
disabilities.
These may include:
The Bureau of National Affairs, Inc.,
diabetes do experience complications
such as vision loss.
Visual
regular testing of blood glucose
1992.
impairment due to diabetes may be
levels and meal breaks
training materials put into
quite gradual, and the vision may
If visual functioning is affected by
diabetes, the employee or employer
alternative formats such as large
fluctuate from day to day.
print
may wish to contact the local office
of the state Commission (or
having another trainee copy his
If the diabetes has resulted in visual
or her notes if training is
Services) for the Blind and Visually
loss, accommodations can be made.
Impaired. Look in your telephone
conducted in a darkened room
Low vision aids may prove useful.
directory under state services.
The employee's eye care professional
magnification,
suggest
may
Employers should assume thatpeople
appropriate lighting, or large print
with diabetes have the same career
goals and aspirations as any other
materials. The employee may want
employee. A person's diabetes
to contact a local resource center for
people who are blind or visually
This publication was developed by
should play no part in decisions about
Mary B. Dickson, President of
promotions.
transfers
and
impaired for a low vision assessment
Concentrate
only the
on
Creative Compliance Management,
on the job to find useful aids.
a human resource consulting and
appropriateness of the person's skills
training firm whose mission is to
for a new position and determine if
In some cases of diabetes, despite
reasonable accommodations are
maximize human potential in the
one's best efforts at maintaining good
She is the author of
needed. Capitalize on the person's
blood sugar control, the condition
workplace.
Supervising Employees with
accommodate
strengths
and
will progress. One's vision loss may
Beyond ADA
Disabilities:
greatest
limitations
gain
to
be great enough that the person will
Compliance published in 1993 by
need to learn alternative ways of
productivity from the employee.
Crisp Publications, Inc. For more
performing activities. The employee
Resources
information, write to:
13629 SE
may need to take a leave of absence
to attend a formal program of
Grant Court, Portland, OR 97233,
ADA Regional Disability and
or call [phone].
vocational rehabilitation, where he
Business Technical Assistance
or she will learn new ways to perform
Center Hotline [phone]
job duties. Vocational rehabilitation
(voice/TTY).
training will teach the person how to
get around safely (perhaps with a
Equal
Employment
The
white cane), use adaptive equipment,
Opportunity Commission, 1801
and perhaps perform job tasks in a
L Street, N.W., Washington, DC
Significant assistance was provided
somewhat different manner.
Beth Ruml, RN, MSW, CDE
20507, 800-669-4000 (Voice) to
by:
Training and Promotion
(Certified Diabetes Educator),
reach EEOC field offices; for
Portland, Oregon
publications call [phone]
For most people with diabetes, the
or (800)-669-EEOC (voice/TT Y).
employer should have no concerns
about training and promotion. If the
American Diabetes Association,
employee's diabetes has caused
Materials provided by the American
National Service Center,1660 Duke
Diabetes Association.
significant functional limitations, and
Street, P.O. Box 25757, Alexandria,
if training activities are planned,
VA 22314, [phone]
consult the employee about possible
CORNELL UNIVERSITY
January, 1994
4
For further information contact:
ILR
PROGRAM ON EMPLOYMENT AND DISABILITY
ILR Extension Building, Room 102
CORNELL UNIVERSITY
Ithaca, New York 14853-3901
TTY: [phone]
Voice: [phone]
This material was produced by the Program on Employment and Disability, School of Industrial and Labor Relations
- Extension Division,
Cornell University, and funded by a grant from the National Institute on Disability and Rehabilitation Research (grant #H133D10155). It
has been reviewed for accuracy by the U.S. Equal Employment Opportunity Commission. However, opinions about the Americans with
Disabilities Act (ADA) expressed in this material are those ofthe author, and do not necessarily reflect the viewpoint oftheEqual Employment
Opportunity Commission or the publisher. The Commission's interpretations ofthe ADA are reflected in its ADA regulations (29 CFR Part
1630), its Technical Assistance Manual for Title I of the Act and in various enforcement guidance.
Cornell University is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information,
materials, and technical assistance to individuals and entities that are covered by the Americans with Disabilities Act (ADA). However, you
should be aware that NIDRR is not responsible for enforcement of the ADA. The information, material, and/or technical assistance is
intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the Act, nor binding on
any agency with enforcement responsibility under the ADA.
In addition to serving as a National Materials Development Project on the Employment Provisions ofthe Americans with Disabilities Act
of 1990, the Program on Employment and Disability also serves as the training division ofthe Northeast Disability and Business Technical
Assistance Center. This publication is one of a series edited by Susanne M. Bruyere, Ph.D., C.R.C., Director of the ILR Program on
Employment and Disability at Cornell University.
OTHER TITLES IN THIS IMPLEMENTING THE ADA SERIES ARE:
Working Effectively with People who are Deaf or Hard of Hearing
Working Effectively with People who are Blind or Visually Impaired
Working Effectively with Persons who have Cognitive Disabilities
Workplace Accommodations for Persons with Musculoskeletal Disorders
Working Effectively with Employees who have Sustained a Brain Injury
Employing and Accommodating Workers with Psychiatric Disabilities
Employing and Accommodating Individuals with Histories of Alcohol and Drug Abuse
Employment Considerations for People who have Diabetes
Accommodating the Allergic Employee in the Workplace
Causes of Poor Indoor Air Quality and What You Can Do About It
Working Effectively with People with Learning Disabilities
Working Effectively with Individuals who are HIV-Positive
These and other informational brochures can be accessed on the World Wide Web at:
www.ilr.cornell.edu/ped/ada
For further information about publications such as these, contact the ILR Program
on Employment and Disability,
Cornell University, 102 ILR Extension, Ithaca, New York 14853-3901;
607/255-2906 (Voice), 607/255-2891
or at
(TTY), or 607/255-2763 (Fax).
CORNELL UNIVERSITY
5
F-c- 3c(;70E--Ro
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RIC
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