Unit 1 _TLeonard-MT2023-Journal Assignment
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School
Purdue University *
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Course
203
Subject
Law
Date
Jan 9, 2024
Type
docx
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1
Uploaded by hornert33
Thursday September 21
st
, 2023
Employers have many rules, policies and procedures that must be followed which are clearly outlined when hired for a position. If those policies are changed for any reason all employees must be notified by management or human resources department to follow labor laws. However, not all cases are created equal especially when it comes to those with disabilities. That is why there is an Equal Employment Opportunity Commission, this board ensures that all employees regardless of their disability, race, sex, etc are treated completely equal. In the case presented to us this employees’ rights were broken under the “Americans with Disabilities Act.” I was reading up on the law as it pertains to diabetes specifically, it outlines many questions and answers for employers on what they can and cannot do to accommodate those with diabetes. There is a section in the article titled “Concerns about Safety” and under that title comes question 16 which asks, “16. When may an employer refuse to hire, terminate, or temporarily restrict the duties of a person who has diabetes because of safety concerns?” The answer comes in the first sentence following the question
which is, “An employer only may exclude an individual with diabetes from a job for safety reasons when the individual poses a direct threat.” There is even an example (example 13) that mentions an actor forgetting his lines because with their schedule he was unable to take his insulin at the times he needed, and they were not able to terminate him because it was outside his control. The same I believe happened with this cashier; it seems that after 18 years this was the first incident where her diabetes interfered with her work. As a former cashier I know that it is not always easy to get a break, especially if you are the only one available and it’s been a busy day, there are days when the breaks just don’t come. This employee opened a bag of chips to help bring her sugar levels up to prevent an emergency in which she would most definitely have been hurt or caused the company harm because of the lost manpower with her going to the hospital. There are many ways this situation could have and should have been handled. The first would have been a simple conversation with the employee about why she felt she needed to open the chips without first paying. The answer most likely was that she was in almost dire need and that there was no one around to ring them up for her as she cannot ring up her own purchases. The second step would have just been a verbal warning as sounds like it was her first infraction, I would have informed her that she should purchase a snack or two before her scheduled workday to keep at the register with her just in
case this emergency arises again. Lastly, I would make sure that I am checking with her to see why the levels may have dropped, if it was because she couldn’t get a break then I would have made sure I have coverage for her breaktime to take her shot or pill even if I must do it myself. ADA, Rehabilitation Act, 29 CFR Part 1630 ; https://www.eeoc.gov/laws/guidance/diabetes-workplace-
and-ada
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