Legal Question in Disability Law in New Jersey

Diabetic in the Workplace

I have type 2 diabetes and have been employed at a company for 11 years. We have a new boss. For the past 4 years I have gotten to work, settled in and went to the cafeteria to pick up a small breakfast to eat at my desk. I was told on Friday that I can no longer do this that I must get to work earlier to eat and/or eat breakfast at home. At the present time another girl who is pregnant but a so called ''professional'' is permitted to go down and get her breakfast. Is this legal?


Asked on 9/06/08, 6:16 pm

2 Answers from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Diabetic in the Workplace

All that is required is that reasonable accommodations be made for your disability. Asking you to eat breakfast on your own time seems to be a reasonable request and I don't believe that you have a discrimination claim based on the facts that you have presented.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 9/10/08, 8:27 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Diabetic in the Workplace

This is not my area of the law so don't take any of this as legal advice at all. My gut reaction is that it depends on whether or not this alternative will work for you. It seems that the real issue comes down to the time that you eat. Would it harm you to eat earlier? They have to accommodate you, not allow you to do anything you want. If eating earlier will not harm you, then they may be able to do it. The fact that this other person can go down and get her breakfast may not really be an issue here. The real issue is a violation of ADA.

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Answered on 9/06/08, 9:14 pm


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