Legal Question in Disability Law in Minnesota

Do I have a case? (disability discrimination)

I am a diabetic. I have been formally written-up and punished for having my head down at my desk (for a proven span of 5 minutes) because my blood sugar was low. There are no provisions in the company handbook stating that I cannot take a break at my desk, and place my head down, as opposed to going outside to smoke. My HR representative stated that diabetes is a disease that is not included as a disability, and requires no special provisions. According to several state, federal and agency's websites, I have found that to be totally untrue. It is not beyond reasonable accomodation that I place my head on my desk to allow my sugar levels to rise again. They said that the only provision to be made was that if I feel sick, I can contact my supervisor and HR, then schedule a ''quiet room'' for 10 or 15 minutes to relax in. However that room is on the complete other side of the building from where my desk is located. By the time I contact someone, schedule the room, and get across the building I could easily pass out. Moving and being active is the last thing I should do when my sugar is low. Furthermore, I was told that I will likely be denied a pending promotion because of being written up, which is a result of my disability.


Asked on 4/14/05, 9:34 am

1 Answer from Attorneys

Maya Sullivan Law Office of Maya C. Sullivan, LLC

Re: Do I have a case? (disability discrimination)

Based on your message, you may have a case regarding your disability. It sounds like your diabetes impact your ability to adequately perform your job at times. This is a factor in determining whether someone has a disability. Feel free to contact me at my office to discuss in further detail. 763.788.1000.

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Answered on 4/14/05, 8:56 pm


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