Type 1 Diabetes and The Americans with Disabilities Act

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homer123

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Employer:
A major retailer of home-improvement and construction products, with many locations in the United States.

Type 1 Diabetes:
Type 1 Diabetes is an autoimmune disorder in which the body attacks cells in the pancreas that produce insulin. Insulin is needed by the body to process the food we eat. People with Type 1 Diabetes produce no insulin. Within weeks, untreated Type 1 Diabetes results in toxic levels of glucose in the blood, ultimately causing death.

To survive, people with Type 1 must inject synthetic insulin several times a day. Also, they must check blood glucose levels throughout the day. Meals are like medicine and must be coordinated with insulin injections and blood glucose monitoring. Poor management of Type 1 Diabetes causes complications such as vision loss, nerve damage, heart disease, kidney disease and limb amputation. Type 1 Diabetes occurs in only 10 – 15% of all cases of people with diabetes.

ADA:
A disability is defined as a physical impairment that substantially limits one or more major life activities. If requested, an employer must provide a reasonable accommodation for a person with a disability, unless it can demonstrate that such an accommodation would impose an undue hardship on the operation of the employer's business. Reasonable accommodations may include: modified work schedules, job restructuring or reassignment to a vacant position.

My employer's published HR materials state: "examples of major life activities are eating, sleeping, walking and working." With Type 1 Diabetes, the major life activity of eating is substantially limited as noted above.

Work History:
I joined the company in April 2002 as a kitchen and bath designer. The work schedule was consistent and didn't cause any conflicts with the management of my Type 1 Diabetes. In late 2005, the company closed several stores, including mine. I was recruited by another store and transferred to that location in July 2005.

At this store, shifts start as early as 6:00 AM and end as late as 11:00 PM. There is no predictable pattern for shift assignment or days off. I made sure my coworkers and managers were aware of my illness and tried to comply with the schedules.

The company policy regarding meal breaks is explicit: you must take a thirty minute meal break starting between your fourth and fifth hour on the clock. Deviating from the policy or schedule can result in termination. Frequently, the company scheduled meal breaks didn't coincide with my "medically necessary" meal and injection times. Many schedules required me to have two "medically necessary" meals on one shift, at times other than I was scheduled. I was put in the position of managing my illness and breaking the rules; or following the rules and neglecting my health.

In September 2006, I asked my physician to write a letter to my company requesting a modified work schedule, allowing me to better manage my Type 1 Diabetes. The request was approved and the modified schedule began in early October 2006.

In July 2007, the company started reviewing all ADA accommodations. I was told I must make a new request for a modified work schedule. I complied with the directive, and the modified schedule continued.

In August 2007, I was told that the company would no longer provide me with a modified work schedule. No reason was given or "undue hardship" cited. Meanwhile, the modified schedule continued.

In late October 2007, the modified schedule ended. Since then, my work schedules have been random, with no predictable pattern for shift assignment or days off. The management of my illness and my health has been negatively impacted.

What to do?
I like my job, the company and the benefits, and want to stay with them. My work performance is excellent and my reviews are always good.

I want to resolve this issue with the company internally, and request an appeal through the official channels. I realize that the 180 day limit to file with the EEOC will occur in late March 2008.

Any thoughts, comments or advice are appreciated.

Location:
Illinois, Cook County, City of Chicago
 
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