During the past five years, the Equal Employment Opportunity Commission (EEOC) has seen a 13 percent increase in the number of charges filed under the Americans with Disabilities Act (ADA) alleging discrimination based on diabetes. And according to the Centers for Disease Control, approximately one million cases of diabetes are diagnosed each year in the United States. Fortunately for employers, the EEOC has released a new fact sheet addressing diabetes in the workplace.
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When Diabetes Is a Disability
The EEOC says diabetes is covered under the ADA if the following conditions are met:
- The disease substantially limits one or more major life activities (such as eating or caring for oneself) or it causes side effects or complications that substantially limit a major life activity.
- The disease was substantially limiting in the past, before it was diagnosed and adequately treated. Specifically, you can’t discriminate against employees with a history of diabetes, even if the disease currently doesn’t amount to a disability.
- The disease doesn’t significantly affect a person’s everyday activities but the employer treats the person as if it does.
Keep in mind that under California’s antibias law, which is more protective of employees than the ADA, it may be easier for an employee with diabetes to qualify as disabled.
Diabetes and the Job Application Process
Employers can’t ask a job applicant whether they have diabetes or use insulin or other prescription drugs, or any other questions about the condition itself. However, if an applicant voluntarily reveals they are diabetic, you can ask whether a reasonable accommodation is needed and, if so, what kind of accommodation.
Note, too, that you can’t withdraw a job offer because of an applicant’s diabetes if the person can perform the job’s essential duties, with or without reasonable accommodation, and without posing a direct threat to safety.
Medical Confidentiality
Medical information about an employee must be kept confidential. You may disclose an employee has diabetes only as follows:
- to supervisors and managers in order to provide a reasonable accommodation or to meet an employee’s work restrictions
- to first aid or safety personnel if an employee needs emergency treatment or some other assistance
- to individuals investigating compliance with ADA and similar state and local laws
- when needed for workers’ comp or insurance purposes.
Accommodations
Diabetic employees may need a reasonable accommodation. According to the EEOC, some common accommodations include:
- A private area to test blood sugar levels or to test insulin.
- A place to rest until blood sugar levels become normal.
- Breaks to eat, drink, take medication, or test blood sugar levels.
- Leave for treatment, recuperation, or training on managing diabetes. Note that diabetes may be considered a serious health condition, entitling an employee to family and medical leave.
- A modified work schedule or shift change.
- Allowing a person with diabetic neuropathy (a nerve disorder caused by diabetes) to use a stool rather than stand.
The EEOC points out that many typical accommodations requested by employees with diabetes cost employers next to nothing to provide.
Additional Resources
The fact sheet is available at www.eeoc.gov/facts/diabetes.html.