[pegasus]

Originally Posted by JediSkipdogg

I'm glad we can agree/disagree on this subject in a calm manner. With that said...

Likewise!

Originally Posted by JediSkipdogg

In my honest opinion then that person should not be applying for that job. Now, the difference would be if say one worked 9-5 all the time and then switched to shift work. I could understand that certain accomadations may need to be made then....however...the problem comes in how will your other co-workers then respect you? If you say get stuck on 3rd shift (generally 11-7) but you have to take your meds and eat at 6 am and you want off work at 6 am all the time, that is not a reasonable accomadation. Your other employees may not respect that either and keep in mind that your fellow employees are what generally determines how enjoyable a job is.

But if they have always worked say 9-5 and are applying at a new job that is 9-5, then that new job in my honest opinion, should not make any accomadations for the employee to "occasionally" be late. If the employee can't work the hours, then they should look at a job that starts at 10 instead of 9 or bring up starting an hour late in the interview, of course, at this point, they would need to tell of the diabetes (which you and I will disagree on if it should be brought up.) If that job won't accomadate, then there are about a billion other companies out there that may.

I have huge issues with the entire ADA thing to begin with and it's very evident on this forum. In case A people want the ADA to give them special accomadations but then in case B people want to be treated like everyone else.

Look at driver's licenses...most on here will agree that it's no business of the BMV that they are diabetic however they are the same ones that want to time to test and eat at work. I'll bet you that those people will not pull over to the side of the road every 1 hour of driving to test.

I think every individual employment case has to be evaluated individually. If someone is qualified in every other way, and can get the work done even if a bit late occasionally, why should they not get a job? That is what ADA is there for--for people who can do the job. Figuring things out with coworkers, keeping their respect--regardless of reason--is always a challenge on the job. Find me one person who never needs some kind of accommodation--to go home early frequently for a sick kid, to make phone calls on the job when a parent is dying, to check in on a sick spouse who's home. Those occasional accommodations should also be worked out with coworkers. If people will disrespect you for needing to take your medication, or calling home frequently about a sick kid, well, that's just something one has to live with. People having these other issues are also occasionally fired, and that's a shame too. Unfortunately (IMHO) that's not illegal too.

Disabilities are simply--usually, unlike diabetes--more visible, and so easier to discriminate against in advance. Diabetics don't always need accommodations, unlike, say, a brilliant scientist (Stephen Hawking) needing wheelchair access. But occasionally we do.

These are work-life balance questions that haven't been taken seriously in the U.S., and I think that's a shame. There's all kinds of data that show that businesses actually do better, their workers are more productive, and happier, when work-life balance needs are respected. But most companies think that holding a whip over someone's head is somehow going to get the heart and mind and body to do better. I disagree.

As for finding another job that's more flexible--unfortunately that isn't really viable for many people in today's world. Jobs are essential to survival, and companies are laying off thousands at a time, and especially when one lives in small communities that have often been dependent on a couple of fleeing/closing industries, it's virtually impossible. So if one can fully do the job with occasional accommodations, I think they should take it.

For those who are concerned while being hired, there are subtle ways to ask about company flex-time options without revealing one's whole life, especially if one's called back for a 2nd or 3rd interview. Clearly they're desired, and so benefits and/or work-life options are something a prospective employee would want to consider and an employer would expect to be asked about.

IMHO

PS: Sorry for the really long post!

[Scrabblechick]

You know, I've been with this newspaper for 15 1/2 years. I've been a good employee, on time, rarely absent, hardly ever use up all my vacation days. But if my exec. editor found out, I'd never have another day's peace. Not a day would go by when he wouldn't ask me about: what I'm eating, have I lost weight, what's my BG, am I exercising, have I taken my meds. You name it. And it's not kindly concern for my health, either.

As I said, a hypo would be very unusual for me, since I'm not on insulin, and don't take a sulfonyurea. I keep regular peppermints on my desk, just in case (I don't like them so I'm not apt to just munch on them. LOL). So there you are.

[jdftwrth98]

I worked for a financial company in the DFW area and was up for a major promotion, part of the new job would have entailed attending mgmt meetings after hours, shortly after was informed of my pending promotion i was diagnosed with t-2. This put me in a bad position, if i attended the mgmt meetings i could have a problem with going low and i happened to mention this to the vp i worked for, nothing was said for 2 months and one day i happened to ask him about when the promotion was going become official, he told me that it was decided that i was incapable of doing the job because i might have a problem attending the after hours mgmt meetings.

I went back to my desk, drafted my letter of resignation and handed it in that afternoon. During my exit interview i put the fear of god in the hr manager when i described what had happened and why i was leaving. I heard that the vp came real close to being terminated.

I was on the verge of leaving that company before they stuck it to me and this was the straw that broke the camels back, i did contact a lawyer about filing a claim but it would have a been a long process with little benefit other than to have slapped that company on the hands, so it let it go.

The moral to this story is be careful of what you tell your employer and you can get in a world of trouble if you happen to test your BS in the wrong place, I used to go out to my car to do that.

[Janlaton]

Do you people not know about FMLA? Each year at the same time I set up a new intermitten FMLA case for that year for my diabetes. It gives me time off work if I am sick or hav doctor visits or if I need a couple hours in the am to get my bg under control and all the while my attendance is protected.

I do not hide my problems from my boss. He knows my problems and if he see me with something in my hand he ?s me eating he will ask if I have checked my sugar lately. It he is bringing in some food for the team he makes sure to bring something for me that is ok. My whole team watch out for me. I only blacked out once at work. I was taken to the ER by ambulance so believe me they know about my problem and complication. That's alright. United Healt Care cares.

[pegasus]

Originally Posted by Janlaton

United Healt Care cares.

United HealthCare (a humongous US insurance company for all you non-US types) of all entities would know about ADA, so they *better* accommodate you. That said, it sounds collegial and caring, and that's great.

Yes, I do know about the FMLA. The difficulty with it (for others, it's the Family and Medical Leave Act, a national law that requires certain employers to give workers up to 12 weeks time off with their job secured) is that it is unpaid. Many people just can't afford that. It also applies only to companies of 50 employees or more. So while it has been helpful, it's limited. There are bills in Congress aimed at making it paid, but they haven't gone anywhere yet.

Meanwhile, New Jersey just became only the 3rd state to pass a paid family leave bill.

[Janlaton]

Hey, Hammer, are you getting a check while you wait?

Not all unions are bad. My son went to school for 5 years all paid for by his union and is still getting additional training. His pay and benefits are great. We love the steamfitters & plumber union. So sorry you have had a bad experience with yours and with HIPPA violations.

[Hammer]

Yes, I'm getting paid 85% of my normal pay while I wait. I'm expecting to hear from the company soon as to where they're going to send me.(should be in early June). We were told by a company rep that when they relocate us, they would put us in our present job category (skilled trades). I talked to a union rep today and he's been calling many other plants to see what their status is, and he said that there aren't any skilled trades jobs to be had. Now I'm concerned that they might force me to work on the production line....something I can't do because I can't stand in one place for more than 10 minutes because of my back. Production line workers stand in one place for 8-10 hours a day....my back would never survive that.

I could accept the company's early retirement offer, but the retirement pay isn't enough to live on, so I'd have to go back to construction work. I don't think I could go back and do that with all of my health problems.(It's h*ll getting old). The best thing is if I can stay with the company as a skilled trades worker. I'll just have to wait and see...

[Scrabblechick]

I hide my monitor kit inside a Lancome cosmetics bag and test in the bathroom stall, or back in the old camera room where no one goes.

I know all about the FMLA. However, unless you're a favored employee or having a baby, you'll get the time off, as required by law--then when you get back, the higher-ups will begin a concerted effort to make your life as miserable as possible in order to get you to quit. I've seen it happen.

Telling the exec editor about my DX would be consigning myself to utter h-e-double toothpicks until I resigned.

Hammer, I surely hope this whole mess works out in your favor!

[BrianSCohen]

I am really surprised at the comments here on this topic. There was great controversy over whether ADA (the Americans with Disabilities Act of 1990) would cover diabetes. After all many diabetics are able to perform their jobs without any accomodations throughout their careers, so how is that a disability. I commend our government for finally doing the right thing (generally). As a diabetic your have some clear protections under ADA and everyone should be clearly aware of these protections. Make sure you read the fact sheet from the EEOC on diabetes Questions and Answers About Diabetes in the Workplace and the Americans with Disabilities Act (ADA).

Not everyone with diabetes necessarily will be covered by ADA, but every diabetic has certain protections against being discriminated against because of diabetes, and we have a right to reasonable accomodations.

[Scrabblechick]

Oh, my company would never FIRE me because I have the D. They would just make me utterly miserable until I quit. Constructive eviction, as it were.

That, or they'd figure out another reason to let me go, ostensibly for something totally unconnected with my D. Downsizing, or something along those lines. And in an at-will work state, they can get away with that behavior.

Yes, we have the right to protection against discrimination, but most employers aren't going to list D as a reason for termination, in any case. They'll find something else.

These laws are good laws, and provide protection for a lot of people. However, companies with less than a full tank of integrity will often attempt to weasel around these laws--with a surprising amount of success. It's very sad.

[Cormac_Doyle]

I have "declared" my diabetes during the interview stage for every job I've ever had, with the exception of the first ... I found out about my diabetes due to the "job medical" i had to take prior to commencement.

I've never had a problem with flexibility to attend medical appointments; but I do have to keep an eye on time-keeping as there is no special allowance for lateness caused by the diabetes.

In my current post, I've been promoted four times in three years ... so I doubt my diabetes has been a barrier in any way!

[pokie]

My company DID fire me because of my diabetes; I was missing too much work according to them and I "needed to file for disability" that is what the company owner's wife told me over the phone when she fired me. Do I have a case against these people?

[BrianSCohen]

Robbie,

I can't give you advice on this one. I would suggest you see if there is a lawyer around that specializes in ADA who might give you a free consultation. Did you ask for accomodations because of your D? Were you denied them? Were you treated differently with missing work than others? If you answered any of these yes, you might want to think about talking to a bottom dweller.

As others have pointed out, simply having legal protections does not mean that you will be treated legally or in a way that is morally or ethically right.

[jerryn]

Depends on the job I think. Like a truck driver with a CDL license. You need to get physicals every 4 months. I'm an engineer myself, in that line of work I'd use the "Don't askl Don't tell" policy. If it's under control then why bother. Just don't eat the pizza on pizza day, or the free bagels and donuts.

I do go for walks durning lunch, and they do know it's to keep
my glucose in check.

[pegasus]

Originally Posted by pokie

My company DID fire me because of my diabetes; I was missing too much work according to them and I "needed to file for disability" that is what the company owner's wife told me over the phone when she fired me. Do I have a case against these people?

As Brian says, you may. Where are you located? I work with disability-rights groups and I might be able to give you some leads on groups and/or lawyers you can talk to. But it should be a lawyer who specializes in disability rights primarily; employment or labor rights lawyers might know something, but in general few lawyers know much about ADA.