Do you have diabetes and believe that your employer – or a prospective employer – treated you unfairly because of an actual or perceived disability due to your medical condition? If so, you may be a victim of workplace discrimination and you may be entitled to compensation.
The Americans with Disabilities Act (ADA), which applies to employers with 15 or more employees, forbids employment discrimination based on disabling medical conditions such as diabetes. The law requires covered employers to make reasonable accommodations for workers with disabilities such as diabetes. Fairness is required when hiring, firing, granting promotions, setting pay, providing benefits or establishing other conditions of employment.
The employment attorneys at the Law Office of Cohen & Jaffe, LLP have the experience and resources to assist you if you’ve suffered unfair treatment in the workplace because you have diabetes. Let us review your situation and provide information about your legal rights, including whether you qualify as disabled, whether your employer provided reasonable accommodations and whether the unfair treatment you endured amounts to discrimination under the law.
If you have a valid claim, our lawyers can help you file a claim with the proper agency and make sure deadlines are met. If your rights have been violated, we are here to see that they are restored and that you receive the maximum compensation you deserve under the law.
Contact us for a free consultation today.
How Employers Discriminate Against Individuals with Diabetes
A violation of the ADA may occur when an employee is treated unfairly based on a disabling medical condition like diabetes. The unfair treatment may be linked to either an actual medical condition or a perceived medical condition.
According to the Equal Employment Opportunity Commission (EEOC), diabetes may be considered a disabling medical condition under the ADA. The law requires employers to make reasonable accommodations for employees with diabetes.
Examples of reasonable accommodations for a diabetic employee include:
- Allowing the worker to take breaks to rest, eat, drink, test blood sugar, take medication or perform other medically necessary tasks
- Allowing the worker to eat snacks at his or her work station to prevent incidents of low blood sugar.
- Providing a private area for the worker to take insulin injections or test blood sugar levels.
- Providing a place for the worker to rest until blood sugar levels return to normal.
- Granting leave for treatment, recuperation, or training on managing diabetes.
- Modifying the worker’s schedule or switching shifts.
These are just a few examples of potential accommodations that an employer may be required to make under the law. The important issue is that the law requires employers to make accommodations for your diabetic condition so long as it would allow you to do your job and would not create an undue hardship on the employer.
Harassment of an employee who has a disabling condition like diabetes is also against the law. This type of harassment could come from your supervisor, another employee or even a non-employee who is associated with the company – for example, a client.
Workers are protected from the very beginning – during the hiring phase – against discrimination in the workplace because of disabling medical conditions such as diabetes. Employers are legally forbidden from asking questions regarding your actual or perceived medical conditions. Nor can an employer legally ask about any prescription medications you are taking, such as insulin.
Taking Action Over Diabetes Discrimination at Work
The federal ADA may not be the only option for a victim of workplace diabetes discrimination to pursue a legal remedy. Disability-based discrimination is also illegal under the New York State Human Rights Law and under the New York City Human Rights Law. If you have suffered on-the-job discrimination due to diabetes, you may be entitled to file a complaint with the NYC Commission on Human Rights and the NYS Division of Human Rights. On the federal level, you may file a charge of discrimination with the EEOC.
Do you believe you have been discriminated against at work because you have diabetes? The best option is to speak with an experienced employment law attorney at Law Office of Cohen & Jaffe, LLP to discuss whether you may have grounds for a discrimination claim. Our dedicated legal team can analyze your case and work aggressively to pursue a valid claim on your behalf.
- If you have a valid claim, you may be entitled to:
- Hiring if you were unlawfully denied employment.
- Rehiring if you were fired.
- Promotion to the position you lost, or an equivalent position.
- Implementation of anti-discrimination policies by your employer.
- Financial damages, possibly including back pay for lost wages and damages for any physical injury, pain and suffering, shock and discomfort, and mental anguish you may have suffered because of the discriminatory treatment.
If you have diabetes – or believe that you are perceived as diabetic – and you believe you have been the victim of employment discrimination, the discrimination lawyers at Law Office of Cohen & Jaffe, LLP on Long Island want to help you. We have the skills, experience and resources you need on your side, and we are ready to aggressively and effectively fight employment discrimination, including workplace discrimination based on diabetes.
The Law Office of Cohen & Jaffe, LLP can assist and advise you all the way through the complaint process, including taking care of paperwork and the other details required. We will stand with you every step of the way as we seek justice on your behalf. Our goal is to ensure that you are heard and validated – as well as compensated – for what you have been through.
If you have been subjected to diabetes discrimination in your employment, you have a sympathetic ear at Law Office of Cohen & Jaffe, LLP. Call us now to speak with one of our workplace discrimination lawyers, or fill out our online form and we will respond to you immediately.
- EEOC – Questions & Answers about Diabetes in the Workplace and the Americans with Disabilities Act (ADA)
- American Diabetes Association – Employment Discrimination
For a free legal consultation with a diabetes employment discrimination lawyer serving New Hyde Park, call 516-358-6900