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This article and  the original publication PA-03-2006 were written by Lahle Wolfe; revised 12/2006


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Diabetes and civil rights law:  An overview of your legal right to equal access to  programs, benefits, opportunity, accommodations, education, and employment.  Covers legal rights to equal access to benefits, accommodations and opportunity, and the right to administer diabetes related self-care in public places and at work.  Great for anyone who wants to know what the law says about diabetes accomodations, care, and descrimination at work, in schools, and in public places. Includes comprehensive information and examples.  Covers the American with Disabilities Act (ADA), the Rehabilitation Act, and Individuals with Disabilities Education Assistance.  Also, tells where and how to file discrimination complaints. IOH Publication PA-04-2006; 32 pages. Revised 12/06.

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Frequently asked questions about administering diabetes care in public and the work place

This article contains excerpts from Islets of Hope publication PA-03-2006.  You can view and print the publication in its original format at PA-03-2006.  Download free Adobe software to read our publications in .pdf format


12.  Why do people with diabetes get special accommodations at my expense?

It’s true that civil rights laws are on the side of the person with diabetes and your employer probably will not ask a person with diabetes to forfeit accommodations just because someone else complains (i.e., an employer is not likely to banish a diabetic to a public restroom to simply make you more comfortable).  To do so would put the employer at risk of being in violation of civil rights laws.  However, your employer may be willing to also offer you reasonable accommodations (which are not required by law) to help resolve conflicts over testing and injecting in the work place.

Accommodations for non-diabetic employees with a strong aversion to blood or needles might include being allowed to leave the area for a few minutes while the diabetic person administers care or allowing you to move to another office. 

If the lunchroom is where you have troubles, ask to have a different lunch hour than the person testing and/or injecting in the work place cafeteria.  Your employer might even be willing to designate a certain area in the lunchroom specifically for the person with diabetes, or, for a table that is “diabetes-free” for you.  It is important, however, that you understand that Americans with Disabilities Act (ADA) strictly prohibits denying equal access to services, programs, employment, and opportunity to people with disabilities; diabetes included.

Most employers are willing, when able, to offer a person with diabetes a private, clean place to test and inject insulin.  It would not be unreasonable, if such accommodations were available, to ask that during “routine” diabetes care, the employee with diabetes perform their diabetes care in the area provided by the employer.  Sometimes, however, it will be necessary for all diabetics to perform “emergency” blood sugar checks, or test sugars right before eating making an assigned area impractical.  It would be nice if all care could be predicted and scheduled, but with diabetes, unpredictability is usually the case. 

When airing your concerns about diabetes it is always best to be objective and calm and to have a positive suggestion in mind rather than just make a complaint.  Working together, and showing that you have an understanding that blood sugar testing and insulin injections are medically necessary is the best way to get your concerns addressed.

 

 

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