Employment
Employees with Type 1 Diabetes are entitled to a wide array of protections while at work as well, including reasonable accommodations so that the employee may safely and properly manage their T1D while at work. Every job and company is different so reasonable accommodations are relative to the particular employees circumstances, however, some common accommodations that employees with T1D are entitled to are, inter alia (i) being given breaks to eat, drink and use the bathroom or water fountain whenever necessary; (ii) being permitted to have food and drink with them at all times without limitation; (iii) having access to all diabetes supplies, including their cell phone during work; (iv) being permitted to take breaks whenever necessary in order to test blood sugar and otherwise manage their diabetes; (v) within reason, being given the necessary time off work to see doctors; and (vi) within reason, not being penalized for being late to work or calling in sick as a result of diabetes related issues.
If you are being discriminated against at work, including not receiving reasonable accommodations, a charge of employment discrimination MUST be filed with the United States Equal Employment Opportunity Commission (“EEOC”) prior to being able to go to court. If you do not file a charge of employment discrimination with the EEOC you will be barred from bringing any case in court. These charges are also time sensitive and must typically be filed within 180 calendar days, although some states extend this 180 calendar day filing deadline to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. Please note that federal employees have a different complaint process, and generally must contact an agency counselor within 45 days.
If more than one discriminatory event took place, this deadline usually applies to each event. For example, let's say you were demoted and then fired a year later, both because of your Type 1 Diabetes. If you only file a charge the day after your discharge, your claim of discriminatory discharge is timely, however, the discriminatory demotion is not and the EEOC would only investigate your discriminatory discharge. There is one exception to this general rule and that is if you are alleging ongoing discrimination. Please be aware that the time limits for filing a charge with EEOC usually will not be extended while you attempt to resolve a dispute through another forum such as an internal grievance procedure, a union grievance, arbitration or mediation, before filing a charge with EEOC, so make sure that you file a charge with the EEOC even if you are seeking other forums for resolution.
It is extremely important to remember that you must first file an “inquiry” with the EEOC (THIS IS NOT A CHARGE). You then must set up an in-person or phone “intake interview” with an EEOC investigator and, only after these first two steps are complete, may you file your formal charge. During the first two steps the time limit is not stopped and continues to run until you formally file your charge.
Once a charge of employment discrimination is filed, the EEOC will then fully investigate the allegations and issue their determination, typically within 180 days of filing the charge. If the EEOC determines that discrimination did occur or is occurring, they will then issue you a “right to sue letter” which permits you to file a complaint in court, or continue to use the EEOC’s resources to help resolve the issue or issues through various means including mediation.
The following links are to (1) the website for the US Equal Employment Opportunity Commission; (2) a PDF with information on the time limits for filing a charge; (3) a PDF with directions on how to file a charge with the EEOC; and (4) a link to the EEOC website page where you may begin the process of filing a charge. To begin the process of filing a charge you must create create an account and log into the EEOC Public Portal where you will then be able to submit an inquiry online, schedule your intake interview, and eventually file your charge of employment discrimination.