Legal Question in Employment Law in Georgia
Special Needs In the Work Place
I would like to find out what the employers responsiblilty to an employee is if the company is aware of a medical condition that has certain needs. An example of this would be a diabetic who needs to be able to have a lunch break within a certain amount of time. Is there any law that says the company must within all reason try to accomondate this employee?
1 Answer from Attorneys
Re: Special Needs In the Work Place
The Americans with Disabilities Act (ADA) does provide some protection for accommodating special needs. If a covered employer (15 or more employees) has an employee with a disability (and diabetes may or may not qualify as a disability, depending on whether or not it "substantially limits a major life activity" even with treatment), then the employer is required to make REASONABLE accommodations to the employee. Having a special lunch break may or may not be reasonable under the circumstances. It may be that only a few minute break is needed to allow the employee to eat a snack. The important point is that the employer and employee should have an interactive process to find an accommodation that is reasonable to the employer and which enables the employee to perform his job without jeapordizing his health.
The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied. Consult with your own attorney before taking legal action.