[vulnerable26]

Just a quick question. My company states that there is to be no candy, gum ect while we are at work. My manager seems to think that has to apply for a diabetic. She refuses to allow us diabetics (both of us are on insulin) to have a hard candy if our sugar happens to fall.

Also, she refuses to let us up to get a drink from the break room in that case. If we get caught with a hard candy we get written up, even if we have proof our sugar is low. We even have doctors note stating we are type one and may need to have a piece of hard candy or may need to get a soda.

Basically her reply was "this is company policy if you don't like it you can go else where" Is this illegal? Can I contact anyone over this. I really do like my job and would hate to see me get fired or have to find a new job over a piece of hard candy!

[spinnb8]

definitely illegal,
you would have a case at an employment discrimination law firm.
and these are easy cases for them to win.
good luck.

[princesslinda]

I'd keep some of the glucose tablets in my desk or purse, within reach, and take them if needed, just as you'd take an antiacid for upset stomach or an aspirin/tylenol for a headache.

Also, can you get up and go to the bathroom at any time? If so, keep a bottled soda in your purse and just grab your purse and go to the bathroom if you're low.

Its hard to believe a company would be so rigid as to not allow a diabetic to have hard candy, but seems the glucose tablets would qualify as food.

[bryan42]

whats that smell???....sniff, sniff.........smells like lawsuit

[morrisma]

Illegal, immoral and stupid. The supervisor should be reported to protect the company's interest in not getting sued.
Mike

[jazzbo]

The Americans with Disabilities Act requires employers to make "reasonable" accommodations. While not all diabetics would fit the definition of "disabled," you could certainly ask for the accommodation. An employment law firm might draft a letter for you to give to your manager. That letter should also include something from your doctor describing what accommodation is necessary. A copy of the letter should go to someone higher up the chain of command. If your employer does not agree to this accommodation you will have a much better case for employment discrimination. Also, you could contact the New Jersey Human Rights Commission, but I would try the letter first. Feel free to email me privately if you have any questions. I'm not an attorney, but I work in the employment law field. Good luck.
Best wishes for your good health.

[Cormac_Doyle]

Hehe ... I can hear the lawyers salviating over this one already

There is no chance in **** that your employer can get away with this.

Diabetes is a registered disability, and all employers must make "all reasonable accommodation" to help their disabled customers and employees. Allowing you to have glucose tabs or drinks in case you swing low is an absolute necessity, much like wheelchair-accessible toilets.

get your union rep or lawyer on this one ...

[mcgriff]

I would make him write you up. I'm not a litigious person, but in this case I wouldn't hesitate to sue the heck out of them. Once you are written up you have something in writing. Heck, I would push all the way to termination. After that you could make the news

[Eddy]

IANAL (I am not a lawyer), but you might also look into "endangerment" and "negligence".

[Holly]

OMG! Does that archaic company policy need changing. I'd make sure that a copy of your MD's note is in your file and be prepared to act if need be. The alternative of ignoring your carb count to avoid a low just has too much potential for long term side effects. Would they rather pay out a disability if you don't keep good control and experience those wonderful side effects? This management needs education. I'm sure if the supervisor had DM things would change quickly.

[jazzbo]

Here's a link to what the EEOC says about diabetes:

Questions and Answers About Diabetes in the Workplace and the Americans with Disabilities Act (ADA)

I agree wholeheartedly with Mcgriff. Document everything. That's the key to success. Disability discrimination lawsuits are not looked upon favorably by juries. Most employers will settle these cases way before getting to the courtroom, where a jury can punish them with multi-million dollar judgments.

Also, employers may not retaliate against employees for asking for accommodation.

If you can't afford an employment lawyer (and they are expensive), try contacting your local bar association and ask if they have a program where lawyers will provide services at a reduced rate or for free.

Best wishes for your good health.

[Eddy]

The Age of Legal Advocacy for Diabetes

From

Thunderstone: Search: workplace ADA :


DOJ investigated complaints it had received that Clear Channel Entertainment refused to allow individuals with diabetes to keep their diabetic supplies with them inside the concert venue. 7. As a result of this investigation, DOJ concluded that Clear Channel Entertainment's policy on access of medication into venues dated April 3, 2000 (the "April 2000 Policy"), which prohibits patrons from taking any syringes or needles used for medical purposes, including needles used for insulin and lancets for testing blood, into the concert venue unless secured in a first aid room, discriminates against individuals with disabilities in violation of the ADA. DOJ also concluded that Clear Channel Entertainment's April 2000 Policy prohibiting diabetics from bringing food inside the venue unless secured in a first aid room violates the ADA.


This link cites a few relevant sections of U.S.C.:

Oklahoma Bar Association

[davef]

I'm neither a lawyer nor do I work in the USA, so I can't offer legal advice.

I would think Linda's approach of having a glucose tablet in your purse would be an idea. The other thought I had was to get an empty medicine bottle (type pharmacists dispense liquid anti-biotics in) and fill it with orange juice, if you have a friendly pharmacist they might be willing to print a label with your name and something like "Ascoribic acid solution, use as required" for the bottle.

However, I think it would be appropriate for you to speak either with the supervisor's manager or the human resources manager, your requests are not unreasonable, especially if you say that you want to have glucose tablets (use the word tablet) on hand and not necessarily candy.

Just my rambling thoughts,

[patricia52]

I am not one to always think lawsuit. I would try to solve this in a reasonable way. I think I would go over my supervisors head. Management may not be aware that the supervisor is so rigid. Or perhaps they have an oudated personnel policy that needs to be updated. I would give them a chance to rectify this matter. If I did not get satisfaction, I would continue to take care of myself and if I got wrote up, I would then find an attorney.

[mortis505]

Go to the link that jazzbo provided and print out everything. Then go to your supervisors boss, and ask him/her for reasonable accommodations, if they say no go to his/her boss, all the way to the top if you have to, and continue asking for reasonable accommodations antul you get a yes, or until the top individual says no. Once that individual says no, then drop the printouts on their desk and inform them that they can either allow you and the other worker to have the necessary accommodations, or follow up with a lawyer. Then sit their and wait. Either they are going to give in or terminate you. If termination, then contact the Labor Board, the EEOC, and the ADA.

Just my 0.02