Can I Be Fired For Having Diabetes?

Diabetes is a disease that affects the way your body uses glucose, a type of sugar, for energy. Glucose comes from the foods you eat and is the main source of fuel for your body.

In both type 1 and type 2 diabetes, high blood sugar, if left untreated, can lead to serious health problems, including heart disease, nerve damage, blindness, and kidney disease. People with diabetes need to carefully monitor and manage their blood sugar levels to reduce the risk of these complications.

Challenges for employees living with diabetes

This regular monitoring and management can pose challenges for employees at work. Some of the challenges include:

• Managing blood sugar levels: Diabetics need to monitor their blood sugar levels regularly, which may require taking breaks to test blood sugar or to eat a snack. This can be difficult to manage in a busy work environment, and may require some flexibility from employers.
• Access to insulin and other medications: Diabetes patients may need to inject insulin or take other medications at specific times during the day. It can be challenging to find a private place to take these medications, and some employees may feel uncomfortable taking them in public.
• Dealing with stigma: Unfortunately, there is still a lot of misinformation and stigma surrounding diabetes. Some people may view diabetes as a personal failing or a sign of poor self-control, which can lead to discrimination or harassment at work.
• Managing physical symptoms: Diabetes can cause a range of physical symptoms, such as fatigue, thirst, vision problems, and nerve pain, which can make it difficult to concentrate or be productive at work.
• Managing mental health: Living with a chronic condition like diabetes can be stressful, and it can take a toll on a person’s mental health. It is important for diabetes patients to have support in the workplace to manage their mental health and well-being.

Is diabetes a disability?

Yes, in many cases, diabetes qualifies as a disability. All types of diabetes (type 1 diabetes, type 2 diabetes, and gestational diabetes) can qualify as a disability under federal and/or California law, depending on its severity and impact on your life. Under the federal Americans with Disabilities Act (ADA), a disability is defined as an impairment that substantially limits one or more major life activity, such as eating, sleeping, or caring for yourself.

If your diabetes is not covered by the ADA due to characteristics of your employer, or your position, it may still be covered by the California Fair Employment and Housing Act (FEHA). The FEHA offers broader protections than the ADA in many circumstances.

The determination of whether your diabetes qualifies an ADA or FEHA disability is made on a case-by-case basis. If you have diabetes, and are uncertain if your condition is severe enough to qualify, it is a good idea to speak with an experience employment attorney to understand your rights and options.

Can I be fired for having diabetes?

No, you cannot legally be fired for having diabetes. The Americans with Disabilities Act and the federal Rehabilitation Act of 1973 both protect employees from being fired due to a qualifying disability. In California, the FEHA similarly protects diabetic workers from wrongful termination due to their condition.

It is illegal for an employer to refuse employment or fire someone just because they have diabetes. Of course, an employee with diabetes may be fired for reasons totally unrelated to their condition — poor job performance, violation of company policies, or layoffs or restructuring, for example.

What to watch out for in these instances is whether employer is using a made-up excuse for firing you when the real reason is your diabetes. This deceptive practice, known as pretext, is very common, and as you can imagine, juries regularly punish employers for disguising an illegal firing in this way.

If you believe you have been fired or discriminated against due to your diabetes, you may be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). An employment attorney or advocacy organization can also help you understand your rights and options.

What federal and state laws protect me from diabetes discrimination?

A number of federal and state laws and agencies offer legal protections for employees with diabetes:

The Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against employees with disabilities in the workplace. This includes people with diabetes, as long as their condition is classified a “disability” under the ADA. To be considered a disability under the ADA, your diabetes must significantly limit one or more major life activities (such as eating, sleeping, or caring for yourself), or you must have a history of this kind of significant limitation.

The ADA requires employers to provide reasonable accommodations to employees with disabilities, unless doing so would create an “undue burden” on the employer. Reasonable accommodations are any modifications to the work environment or how work is performed that would allow you to perform the essential functions of your job.

The ADA also prohibits employers from asking job applicants about their medical history, including whether they have diabetes. Employers can only ask about an applicant’s ability to perform the essential functions of the job.

Not all workers are protected under the ADA. The ADA also only applies to employees, and not independent contractors. And it applies to employers with 15 or more employees, meaning that those employing fewer individuals are exempt from the ADA’s provisions.

The Rehabilitation Act

The Rehabilitation Act is a federal law that prohibits discrimination on the basis of disability in programs and activities that receive federal financial assistance. It includes the ADA, which prohibits discrimination on the basis of disability in employment, public accommodations, transportation, and other areas of public life. The Rehabilitation Act also established the Office of Disability Employment Policy (ODEP) and the National Council on Disabilities (NCD) to advise the President and Congress on disability policy issues. In addition, the Act established the Architectural and Transportation Barriers Compliance Board (ATBCB) to develop and maintain accessibility guidelines for the built environment, transportation vehicles, and other areas.

The California Fair Employment and Housing Act (FEHA)

California has a number of laws in place to protect people with diabetes from disability discrimination in the workplace. The FEHA prohibits disability discrimination, including disability-based discrimination against individuals with diabetes. This law applies to all employers in the state regardless of size, and it is illegal for an employer to refuse employment or fire someone because they have diabetes.

Under FEHA, employers are also required to provide reasonable accommodations for employees with disabilities so that they can do their jobs safely and effectively. This includes modifications such as changes in hours or duties, access to medical care during working hours, special dietary arrangements and modifications of equipment or furniture like providing a mini refrigerator for insulin.

The Equal Employment Opportunity Commission (EEOC)

The EEOC is not an act, but rather a federal agency which enforces laws prohibiting discrimination against employees or job applicants because of that person’s membership in a protected class.

Protected classes include disability (as discussed in this article), race, national origin, religion, gender, pregnancy status, sexual orientation, gender identity, age (40 or older), or genetic information. The EEOC investigates charges of discrimination and works to resolve them, while providing education and outreach to prevent discrimination from happening in the first place.

The EEOC can file lawsuits on behalf of individuals who have experienced discrimination, and it can also provide remedies to individuals who have suffered discrimination, such as lost wages, hiring, promotion, or reinstatement. The EEOC operates offices throughout the United States, and employees who have experienced discrimination can contact the EEOC to file a charge. The EEOC also provides resources and information on its website for individuals who believe they may have been the victim of discrimination.

What accommodations can I request for my diabetes?

Employees living with diabetes have the right to request reasonable accommodation from their employers to help them manage disability needs in the workplace. Reasonable accommodation can vary from simple adjustments to an employee’s schedule or routine, to more complex disability-related services that may be necessary for job performance. Some accommodations you can request include:

1. Flexible work schedule: You may be able to request a flexible work schedule to allow you to attend medical appointments or check your blood sugar levels during the day.
2. Time off for medical appointments: You may be able to request time off for medical appointments related to your diabetes.
3. Breaks for blood sugar monitoring: You may be able to request breaks during the day to check your blood sugar levels and take insulin injections, if needed.
4. Providing a private place for you to take your medications: Employees commonly prefer not to put their condition on display by injecting medication in the view of coworkers.
5. Modifications to your workstation: You may be able to request modifications to your workstation, such as a standing desk or a special chair, to help alleviate your physical symptoms.
6. Access to healthy food options: You may be able to request access to healthy food options, such as fruits and vegetables, to help you manage your diabetes.
7. Adjustments to physical demands of the job: You may be able to request adjustments to the physical demands of your job if they are difficult for you to manage due to your diabetes.

It is important to note that your employer is required to provide reasonable accommodations for your diabetes as long as it does not create an undue hardship for the company. To request accommodations, it is recommended that you speak with your supervisor or a human resources representative.

Do I have a right to medical leave to take care of my diabetes?

If you have diabetes, you may be entitled to take medical leave from work if your condition makes it necessary for you to be absent from work.

The Family and Medical Leave Act (FMLA) requires certain employers to provide eligible employees up to 12 weeks of unpaid job-protected leave, per year, for certain medical and family reasons, including caring for a serious health condition. A serious health condition is an injury, illness, impairment, or physical or mental condition that requires inpatient care or continuing treatment by a healthcare provider. Diabetes is generally considered a serious health condition and may qualify an individual for FMLA leave.

Not all employers are covered by the FMLA. The FMLA applies to public agencies, public and private schools, and to private companies employing 5 or more people. To be eligible for FMLA leave, you must work for a covered employer and have worked for that employer for at least 12 months. Additionally, you must have worked at least 1,250 hours during the 12 months prior to taking leave.

During FMLA leave, your employer must maintain your health benefits, and you must be allowed to return to the same or equivalent job upon returning from leave. The FMLA also requires that your employer maintain the employee’s group health insurance coverage during the leave.

The California Family Rights Act (CFRA)

The CFRA is a state law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying medical and family reasons. As with the FMLA, the CFRA applies to employers with 5 or more employees, and requires employees to have worked for the employer for at least 12 months and have at minimum 1,250 hours of service during the 12-month period immediately preceding the leave.

While you’re on CFRA leave, your employer must continue to provide you with health insurance coverage and must restore you to the same or equivalent position when you return from leave. The CFRA also prohibits employers from discriminating or retaliating against you for taking leave under the CFRA.

One employee category eligible for CFRA leave is those who need to care for their own serious health condition. If you think your diabetes might qualify under the CFRA, it’s a good idea to follow up with an employment attorney to be sure.

These laws also require employers to provide disability-related medical leave when necessary so that employees can take care of their health needs without fear of losing their job or pay. By understanding the law’s requirements and taking steps to ensure compliance, employers can create an environment where all employees are respected and can perform the essential functions of their jobs safely and effectively.

If you need to take medical leave due to your diabetes, it is recommended that you speak with your supervisor or a human resources representative to determine your eligibility for leave and to request the necessary time off.

Workplace discrimination against employees with diabetes

Discrimination against individuals with disabilities is illegal under both state and federal law, yet it still occurs all too frequently in the workplace. Workplace discrimination against diabetes patients can take many forms, including:

• Failure to hire or promote
• Demotion
• Failure to provide reasonable accommodation
• Harassment
• Firing / Termination

Diabetes patients may be passed over for promotions or opportunities due to their disability status or treated differently because of their medical condition. You may also be subject to negative attitudes from coworkers or supervisors which can create a hostile work environment. You may have trouble accessing or using disability aids such as insulin pumps, blood sugar monitors, or therapeutic treatments while on the job due to your employer’s policies or lack of resources.

Diabetes-related discrimination at work is more likely when your employer does not understand the nature of your condition, or when your diabetes requires significant accommodations. In some cases, your employer might be uncomfortable with the idea of providing accommodations, or not understand how to properly do so.

It is important for individuals with diabetes to be aware of their rights in the workplace, and to speak up if they feel they are being treated unfairly because of their condition. If you believe you have been the victim of discrimination in the workplace because of your diabetes, you may be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency. An attorney or an advocacy organization can also help you understand your rights and options.

Employers should take steps to ensure that diabetes patients are protected from disability discrimination in the workplace including establishing clear policies against discrimination and harassment based on disability status. It is also important that employers provide adequate training so that all staff understand the legal protections offered to individuals with disabilities as well as how they should interact with individuals living with diabetes in a respectful manner. Furthermore, employers can provide reasonable accommodation for diabetic employees such as flexible work schedules for medical appointments or special equipment when needed in order to ensure they receive support when managing their condition at work going forward.

Harassment of employees with diabetes

Unfortunately, employees with diabetes may be subject to harassment in the workplace. Harassment can take many forms, including derogatory comments or jokes, physical or verbal abuse, or exclusion from work-related activities.

An employee with diabetes is more likely to be harassed when the harasser does not understand the nature of the condition, or when the employee’s diabetes requires significant accommodations. In some cases, an employee may be harassed because they need to take breaks to test their blood sugar or take medications, or because they need to eat special foods or snacks to manage their condition.

As a diabetic, it is important to be aware of you rights in the workplace, and to speak up if you feel you are being harassed because of you condition. If you are being harassed at work because of your diabetes, keep a record of the incidents and report them to your supervisor or HR department. If the harassment is severe or pervasive, you may be able to file a complaint with the EEOC or DFEH. An experienced employment attorney can also help you understand your rights in that case.

Retaliation against employees with diabetes

Retaliation occurs when an employer punishes an employee for exercising their rights or for participating in a protected activity. In the context of diabetes in the workplace, retaliation might include punishing an employee for requesting a reasonable accommodation, for complaining about discrimination or harassment related to their diabetes, or for participating in an investigation or legal proceeding related to their condition.

This retaliation can come in the form of:

• demotion
• reassignment
• termination
• cutting back hours
• reducing pay
• transfer to a less-desirable position
• assigning more difficult tasks and responsibilities
• denying promotion opportunities
• refusing to grant medical leave requests

Retaliation is illegal under the Americans with Disabilities Act (ADA) and other anti-discrimination laws. If you believe you have been the victim of retaliation because of your diabetes, it is important to understand your rights and options. You may be able to file a complaint with the EEOC or a similar state agency if you believe you have been the victim of retaliation. An attorney or an advocacy organization can also help you understand your rights and options.

Keep in mind that not every adverse action by an employer is considered retaliation. For an employer’s action be considered retaliation, it must be taken because of your protected class (diabetes-related disability) or activity (such as requesting a reasonable accommodation or complaining about discrimination) and must be reasonably likely to deter the employee from engaging in similar protected activity in the future.

Ideally, your employer should foster a workplace culture where all employees feel supported regardless of disability status. This includes providing appropriate training on disability rights and proper techniques for supporting coworkers with disabilities. And your employer should understand the laws relevant to disability discrimination, and proactively seek out ways to ensure their workplace policies and procedures are compliant. This will better-position them to prevent instances of harassment or retaliation from happening in the first place.

What are my rights if I am terminated from my job because of my diabetes?

If your employer refuses to provide accommodations or terminates you for disability-related disability, this could be considered disability discrimination under the ADA, and you have the right to file a disability discrimination charge with the EEOC.

If you believe you have been wrongfully terminated due to your diabetes-related disability, you may have legal options available to you. Here are some steps you can take:

1. Review your employment contract and company policies: Look for any language that may be relevant to your situation, such as provisions related to disability accommodations or terms for termination.
2. Gather documentation: Collect any relevant documents, such as emails, performance evaluations, or medical records that may support your case.
3. Consider filing a complaint: Depending on the circumstances of your case, you may be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency. These agencies can investigate your complaint and may be able to help you resolve the issue.
4. Consult an attorney: An experienced employment discrimination attorney can help you understand your rights and options, and can represent you in court if necessary.

Keep in mind that each case is unique, and the specific steps you should take will depend on the specifics of your situation. It is always a good idea to seek legal advice if you believe you have been wrongfully terminated due to your disability.

To prove disability discrimination in court, your attorney must demonstrate that:

1. You have a disability;
2. You were qualified to do your job;
3. You experienced some sort of adverse employment action;
4. There is evidence that suggests your disability was at least partially responsible for this action being taken against you.

If you succeed in your disability claim, your employer may be liable for damages ranging from lost wages and back pay to punitive damages depending on the nature and severity of their actions.

Benefits of working with an experienced employment attorney

An experienced employment attorney is an invaluable resource for your rights if you’ve been discriminated against or wrongfully terminated:

1. Knowledge of the law: Employment discrimination laws can be complex, and an experienced attorney will have a deep understanding of the laws that apply to your case. This can be particularly important if you are dealing with a unique or unusual situation.
2. Ability to navigate the legal system: An experienced attorney will be familiar with the legal process and will know how to navigate the court system effectively. This can be especially important if your case goes to trial.
3. Strategic thinking: An experienced attorney will be able to develop a strategy for your case that is tailored to your specific needs and goals. They will be able to assess the strengths and weaknesses of your case and advise you on the best course of action.
4. Negotiation skills: An experienced attorney will be skilled at negotiating with the other party, whether that is your employer or the opposing counsel. They will be able to advocate on your behalf and work to achieve a resolution that is in your best interests.
5. Ability to handle complex cases: Some employment discrimination cases can be complex and may involve multiple parties, multiple legal issues, or a high level of emotional turmoil. An experienced attorney will have the skills and resources to handle complex cases and will be able to provide you with the support you need.

Having an experienced employment attorney on your side when facing disability discrimination often constitutes the critical difference in the outcome of your claim.

We represent employees.

For more information on Wrongful Termination Lawsuits in California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 630-1500 today.