Giving injections and testing in private are covered by the ADA and yes you should be afforded that accommodation. However, you are in a sort of a tough position in that you have not asked for it up until now. I would ask if you can as rapidly as possible. I still disagree about the the giving of the glucagon injection. I do not believe that is a covered ADA activity. Nor do I believe that selection of coworkers, good, bad or indifferent is viable ADA claim.
now let me point out here, I had to have glucagon injections at work and yes a person was trained to and willing to do it, but that was on me to find, not my employer, nor could I choose my office. If I were moved, well so be it.
The ergonomic factors of your repetitive stress might be something to look at. but reduction of stress in my understanding is not a a proven way to reduce repetitive injuries. We can imagine a situation where any injury would cause a stress reduction claim and as such would cause some employees with any chronic ailment to claim and receive a stress reduction claim, which could not be substantiated. my stress is your normal day, is someone else's reason to come to work.
I do think there maybe some other avenues to explore. first, if stress is an issue and i have no doubt it is and it is effecting repetitive stress injuries you may have a workers comp claim. This is a tough thing to do, but remember workers comp is a difficult thing for most employers to deal with.
Second, you are likely right, I am sorry to say you may need to move to a new place or department etc. If this is where you are, you should consider going to personnel and filing a complaint. The reason is to get on record in case of an EEOC filing. Look at your companies personnel manual see how to file a complaint and follow the steps. You may with to push this to the federal EEOC office, which is administrator of the ADA. You will not need an attorney to do that.
Remember you can file on every conceivable ground. The more you file on, the more your company will need to defend and the more they defend the less likely they will be to defend it. At least that was my experience. If I can help out in any way please let me know i would be glad to help. Good luck, I left an employer like this and it was tough. ultimately I needed to leave peacefully so I found a way through. If you can do that you will feel better in the long run.
Ahh I believe offered to help with an EEOC filing if she wished to pursue it, base don a repetitive injury,nut I cannot help my general feeling that staying in place is not an ADA covered issued. I stand by both comments.
As far as being hostile, I am sorry if I came off that way. I felt I was asked to give an honest opinion, based on my understanding of the law. That includes being in 13 EEOC hearings along the way of my career. Some for the employer others for the employee. Some won some lost. I just do not see a legitimate claim here, and it is better to know that before one gets on this tread mill. It is a tough tread mill and the employee really has to decide if this is something she can do, because trust me, if i8 seemed hostile, the company attorney will seem down right ugly.
I am only trying to help. sorry if I did not, and with I will bow out. but I will be ready to help in a filing if you wish.
My response was to your first response, not the second. After reading your second response, it explored the issues in an informative and impartial way without sounding hostile. It's very nice of you to offer to help her file!
And sorry, I didn't want to offend you or anything if I did... The first response just seemed so hostile and something compelled me to point it out. Clearly you are very knowledgable about the subject and can give some very good advice.
As I read and have responded on this discussion, I recall (and I'm giving my age and era away) a greeting card I got during the early 70's. It reflected what was going on in the women's movement at that time. It said on the front: "In order to succeed in the work world (sic), we women have to be twice as good as the men" Inside it said" "Fortunately, that is not difficult"
That is how I have approached being in the real world and having type 1. If by example I can show one person at a time, that people with type 1 D can do most anything we choose (I say most anything, cuz I'm only 5'6" I'll never play for the NBA). We can then open doors for others with type 1 coming after us, as well as those with other situations, like MS - you name it. "Diabetic is an adjective not a noun"
That idea has been mine all along. I am not diabetes, it is something I have like a limp, or a bent finger. Not much I can do about it, but live with it, treat me gently, and keep moving. I believe in getting what I need to do the job I was hired to do...ie, I need a cane to walk, but I didn't ask the school to put in a motorized staircase so I could go to the top floor. If this situation is a matter of personalities and stress because they don't go along, get involved in educating people on the work place enviroment and stress. If you may been an extra break to test your sugars, tell that to someone who can make it happen. But having "D" isn't any more a reason for different treatment than a cane. If we want to be treated specially, then we have to put up with the comments and bad feelings they might create
But with a cane you can hit them over the head!!! Just kidding - I have a sick and twisted sense of humour - that's probably more of a societal problem thaan D ever is.
I would talk to the nasty manager if you haven't about why he wants to move you, assuming that this is his decision, ask for a specific reason. Since it seems he is singling you out for maltreatment I would talk to human resources and whoever else you need to talk to to keep things as low stress as possible. Document everything. Conversations with the manager, things he does and so on. I disagree that pwd and other chronic conditions don't need a lower stress work environment, that may vary for each individual. As pwd our rights are protected by law to test, treat low or high bg and inject insulin etc. when and where we need to and feel comfortable doing so. I hope you can find a way to treat the injury in your arm/hand and continue doing your job, maybe try a brace if you haven't? Hopefully your manager will quit, be fired or be promoted and you won't have to deal with him anymore, these things have a way of blowing over if you stand your ground etc. Since you are a good employee and you perform well at your job I would play that up in all your conversations with others.
