Legal Question in Disability Law in Pennsylvania
Does my husband qualify for ADA
My husband was recently diagnosed with diabetes. He administers his own insulin shots twice a day. He has worked steady night turn (8:30 p.m. to 7:00 a.m.) for two years. Both of his doctors advised him to go on daylight due to his medical condition and provided the employer with an excuse to do so. A daylight job is available, if he bumps an employee with less seniority, but the employer is refusing to make any change in job shifts until, if at all, within the next three months. There is no labor union where he works. Does he qualify for ADA. The employer has suggested he go on disability, which they provide, which only pays him 40% of his wages. He is able to continue working, just not night turn.
1 Answer from Attorneys
Re: Does my husband qualify for ADA
There have been many cases where diabetes has been found to be a disability covered by the ADA. Still, any determination of disability must be done on a case by case basis. It would be wrong to say that everyone with diabetes is disabled as defined by the ADA. If you can show that his diabetes affects a major life activity then under the ADA it rises from being an impairment to being a covered disability. Your Doctor's notes indicating a day shift is in your husbands best health interests go a long way towards proving a disability. By the way, this company does have a right to pay for their own medical exam by their own doctor if they doubt yours. As to what is a reasonable accomodation, changing shifts may be considered reasonable. I suspect this company is hesitant because if they grant this request everybody on the night shift is going to show up with a doctors excuse. I know of one company where after one such change was granted over 25% of the night shift found a doctor to write a note. Your success may depend on showing just how serious your husband's condition really is. Hope this information helped.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
