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-   -   ? on keeping supplies at work (http://forum.lowcarber.org/showthread.php?t=440574)

EdithBoyd Thu, Mar-22-12 16:50

? on keeping supplies at work
 
I am juvenile diabetic and have always kept insulin in the fridge wherever I've worked. I also have always tested at work a couple of times a day. :agree:

I am now told not to keep insulin in the fridge or test at work because a coworker is uncomfortable with it. I've been on this job five years and this is the first time I've heard anything about it.

I have removed my insulin and brought my testing supplies out home.

My question is :help: do they really have the right to ask me to do this? if I can't keep insulin in the fridge I can't keep it at work. I suppose I could go to my car to test, and to inject (that upset this person too she saw me do it in the bathroom).

Thanks so much

LilyB Thu, Mar-22-12 17:10

Would suggest to you that you ask them if they are aware of probable SERIOUS violations of the Americans With Disabilities Act?

No, they can't tell you that... and if they do, you have a pretty iron-clad case, IMO...

EdithBoyd Thu, Mar-22-12 17:18

thanks
 
I don't want a case actually LOL. I just want to be able to come back with solid facts as to if they can do that or not. I mean just because a coworker is uncomfortable with it, I wondered if they can ask me to not take injections at work and not keep insulin in the fridge. I'd like to come up with a solution that doesn't involve me having to take legal action or something drastic like that. :wave:

Nancy LC Thu, Mar-22-12 18:19

Go google up a copy of the ADA act and have a chat with the HR manager or your boss. You don't have to take them to court, just pointing out the law should do it, if they're reasonable people.

Are you injecting yourself in front of co-workers? How would they even know?

LilyB Thu, Mar-22-12 18:34

If you had a stoma, and had to clean it at work, would they ask you to muddle through without breathing, "because a coworker is uncomfortable"?

My point is, if you know your rights, and what the ADA says, no HR person in their right MIND would tell you that...

EdithBoyd Thu, Mar-22-12 19:47

Quote:
Originally Posted by Nancy LC
Go google up a copy of the ADA act and have a chat with the HR manager or your boss. You don't have to take them to court, just pointing out the law should do it, if they're reasonable people.

Are you injecting yourself in front of co-workers? How would they even know?


Because one of them came in the bathroom when I was injecting. They see the in insulin the fridge also. I'm told they are uncomfortable with it. :help:

Does the ADA specifically say that an employee can keep insulin in the fridge? Does it specifically say I can take an injection at work? What about if people are offended by it?

Nancy LC Thu, Mar-22-12 20:24

Well, you could keep the insulin in a bag or something, right? Inject inside a stall?

My advice still stands. Google up the ADA and read it. It's there to protect the rights of people with disabilities, not the sensibilities of people who are easily offended by people with disabilities. :p There are probably people you can call with your questions.

I just googled "american disabilities act insulin" and found this: http://www.eeoc.gov/facts/diabetes.html

I'd suggest printing it out and taking it to work with you.

You can always get an insulated lunch pail and some of that portable ice stuff, right? Not ideal, but until you work things out at work...

leemack Fri, Mar-23-12 06:16

Quote:
Originally Posted by EdithBoyd
Because one of them came in the bathroom when I was injecting. They see the in insulin the fridge also. I'm told they are uncomfortable with it. :help:

Does the ADA specifically say that an employee can keep insulin in the fridge? Does it specifically say I can take an injection at work? What about if people are offended by it?


You have a disability and you need to take treatment. Your health under law is the priority over another person's 'uncomfortable feelings'. It would be like telling someone to wear a mask because they had an unsightly facial scar, or insisting someone with a limb missing wore a prosthetic because people felt 'uncomfortable' - except in your case its worse as you need insulin and testing in order to live and stay healthy.

I don't know about the law in the US, but can't imagine on this issue it would be all that different from the UK, where employers have to make reasonable adjustments to accomodate the person with the disability or health issue - the person with the disability doesn't make the accomodation to deal with the ignorance and prejudice of colleagues. Were I in your position, I'd feel really angry.

Lee

RobLL Fri, Mar-23-12 10:55

Print out the suggested ADA page and stick it on the fridge. On planes I have decided that it is not appropriate to ask if someone is uncomfortable with my testing and injecting insulin. I do it drawing as little attention as possible. It is my business. No one objects, nor do they comment. Neither do I.

raven132 Fri, Mar-23-12 12:28

Maybe see if there is an office you could use for more privacy? I would consider that an upgrade from the bathroom, and no one has a chance to be offended. Oh, and your own personal mini fridge in your new space so your medication you require to stay alive and productive doesn't offend anyone. I don't really see how anyone with an ounce of common sense could even ask that of you.

MizKitty Fri, Mar-23-12 12:41

If you know who this uncomfortable person is, I would sit down and have a chat with him/her. Not to take them to task...I'd be friendly, polite, but educational. (But secretly, I can't imagine what a lunkhead he or she must be.)

JEY100 Sat, Mar-24-12 04:17

The person who told you to remove your supplies must have missed every basic manager training session. As Nancy suggests, take a copy of that section of ADA to HR or to higher management and request a private area for testing and all reasonable accommodations you require, which would certainly include keeping insulin refrigerated. Put it in a different box..how would "uncomfortable" know what it is unless she went snooping in other's lunches? I am sorry this happened and you have to even bother with showing a law to your manager when basic commonsense and decency should have been sufficient.

EdithBoyd Sat, Mar-24-12 13:36

You can bet I won't be given my own office or a mini fridge to keep my supplies cool. :lol: Athough that would be great!

I am told it's numerous employees with different levels of uncomfortableness and complaints about insulin in the fridge or me taking injections in the bathroom. I am also told I am not to say anything to anyone that works there about this matter, just to comply with the changes I am asked to make. :agree:

I'm thinking if I test, eat and take insulin before I leave home of the mornings then stick to very low carb/high fat foods :yum: for lunch and snacks I can get by without any insulin and not have to be concerned about a blood sugar spike. I could have a low but can take glucose tabs for that. :agree:
Then when I come home I can test again and take insulin with dinner and long acting at bedtime. :agree:

That's the plan for right now.

Enomarb Sat, Mar-24-12 14:29

hi-

since you asked....

This is NOT okay. That is what the ADA is for- you are an ADA poster child. You have diabetes. You need insulin. Insulin needs to be refridgerated. You need to test your BG. That is reality. Finished. You are not supposed to make other people comfortable. This is your LIFE and your HEALTH we are talking about. This is not kindergarden and it is not circle time to talk about feelings.

You can go the the HR manager, without any names, and tell them what you were told and give them the ADA sheets linked to above. You can tell them you would like a minifridge for your insulin and that you will test and inject in a private area of your choosing.

You can hire an attorney and sue. You will win.

You can call the hotline number for the EEOC (there is supposed to be a poster someplace at work) and make an confidential report. The Federal government will then investigate. If this is found to be true you will probably be offered a financial settlement and the employer will be fined.

This is not easy but neither is being a diabetic. I am not an attorney but I am aware of the laws.

I am so sorry this is happening to you- but YOU do not have to fix anything. THEY do-

please tell us what happens.

E

raven132 Sat, Mar-24-12 16:32

Please don't risk your health to bend to someone's silly notions about what makes them uncomfortable. I don't think your boss realizes how serious this situation is. Take it higher up, there's no reason for you to be treated this way.

Zuleikaa Sat, Mar-24-12 18:30

We have two insulin dependent diabetics in my office. They both keep their insulin in the communal fridge. They inject in the restrooms or in their manager's office (we have cubicles). They could test and inject in their cubicles if they wanted. Peope are aware; no one mentions it.

They have diabetes. They need to test their blood sugar and take insulin.

It's ADA required accomodation.

EdithBoyd Sat, Mar-24-12 18:48

UMMMMM, I can't really hire an attorney and sue. I wouldn't win. I think they know the law where I work, and now that I think about it probably know the ADA. :read2: I don't think they care about that.

And, yes, I did ask, but on 2nd thought they don't give a rip about that. We are not large enough to have an HR manager so the owner is who I'd be talking to and the owner is who told me to do what I have to do. :rolleyes:

leemack Sat, Mar-24-12 18:59

Quote:
Originally Posted by EdithBoyd
UMMMMM, I can't really hire an attorney and sue. I wouldn't win. I think they know the law where I work, and now that I think about it probably know the ADA. :read2: I don't think they care about that.

And, yes, I did ask, but on 2nd thought they don't give a rip about that. We are not large enough to have an HR manager so the owner is who I'd be talking to and the owner is who told me to do what I have to do. :rolleyes:


Unfortunately unscrupulous employers will often rely on you not knowing the law. The simple act of writing a letter simply stating your requirements and quoting the relevant legislation and possible penalties for not complying, would no doubt be enough without even having to consult a lawyer.

Employers hate the possibility of legal action, and do not want to have to pay to defend a suit they have a 100% chance of losing, so will give in.

I know its hard to have a confrontation, but putting it in a letter to your employer would make it much easier, and more official.

And don't rely on them knowing the law. I worked for a small company and the boss had absolutely no clue about how the law applied in certain situations.

Lee

Labhrain Sat, Mar-24-12 19:12

You'd be surprised how many of these small employers are unaware of the law. Plenty of them break the law and have no idea they're doing it. Some break the law and rely on employees not knowing, or being too afraid to say something.

I know you want to keep your job, but the risk you are willing to take is huge. These knuckleheads probably have no idea that you could have serious and even life-threatening effects from diabetes. They are simply trying to smooth over a situation, and in their heads, this seems like the easiest solution, but it is not.

The ADA is 100% on your side, and if it came to a lawsuit, you absolutely would win. What makes you think otherwise? They are breaking the law by asking these things of you, plain and simple.

Nancy LC Sat, Mar-24-12 20:40

The advice to call the EEOC is really good. They might call and talk to your employer and then you've also got documentation about the harassment. They might even have legal resources. It can't hurt to call, right?

I really hate to see you let them back you into a corner. I hope you'll have the courage to deal with it, for your own sake.

Let's say they did fire you now and you didn't follow up with this, you'd have no recourse. If you do call the EEOC and/or write a letter to your employer, then you've got a paper trail and/or witnesses.

Also, many times attorneys take cases on a contingency. If you win, they get paid from the settlement. Or even pro-bono (free).

Call the EEOC and at least talk to them and explain your fears.

chicachyna Sat, Mar-24-12 21:35

this is nuts! what if someone was "uncomfortable" with a coworker's cane? or braces? or walker? It is that person's problem, not yours! Perhaps you are "uncomfortable" with another person's use of sugar... or carbs... I'm not serious here, but, come on! you have to take care of yourself.

EdithBoyd Sun, Mar-25-12 11:13

:) I promise you they know the law and know it very well. There would be zero problem for them to get an attorney. They are all set on that part. Right at first I didn't really think about that part, but, they know the law and writing them a letter would not be a good idea :)

EdithBoyd Sun, Mar-25-12 11:17

They are not going to fire me, that's for sure. They know they can't do that. It's not that I am letting them back me into a cornor, it's that now on 2nd thought I don't have a choice. Turning them into the EEOC would be a very bad idea, they know exactly how to handle that and get around it.

:D



Quote:
Originally Posted by Nancy LC
The advice to call the EEOC is really good. They might call and talk to your employer and then you've also got documentation about the harassment. They might even have legal resources. It can't hurt to call, right?

I really hate to see you let them back you into a corner. I hope you'll have the courage to deal with it, for your own sake.

Let's say they did fire you now and you didn't follow up with this, you'd have no recourse. If you do call the EEOC and/or write a letter to your employer, then you've got a paper trail and/or witnesses.

Also, many times attorneys take cases on a contingency. If you win, they get paid from the settlement. Or even pro-bono (free).

Call the EEOC and at least talk to them and explain your fears.

EdithBoyd Sun, Mar-25-12 11:18

Also, many times attorneys take cases on a contingency. If you win, they get paid from the settlement. Or even pro-bono (free).

NO way can I even talk to an attorney about it, not pro-bono or otherwise. Because of *where* I work I'd be screwing myself to do that.

:)

EdithBoyd Sun, Mar-25-12 11:26

I have been researching Interminent Fasting and it's very doable for diabetics. I should be able to go all day from breakfast to dinner without eating anything and therefore needing no insulin between breakfast and dinner. Also my long acting insulin I take at night should carry me through as it's Lantus and is 24 hours. :agree:

I can eat very low carb high fat foods for a snack if I want to and not need any insulin as well. :agree:

Having started back on my cross country ski trainer 20 minutes a day and working up is going to reduce my need for insulin too. :agree:

JoyceGill Sun, Mar-25-12 12:59

Quote:
Originally Posted by EdithBoyd
I am told it's numerous employees with different levels of uncomfortableness and complaints about insulin in the fridge or me taking injections in the bathroom. I am also told I am not to say anything to anyone that works there about this matter, just to comply with the changes I am asked to make. :agree:

.


I am very suspicious of this statement - 'not to say anything to anyone' - sounds as if it is your supervisor who needs educating. What proof does he/she give you to say that there has been complaints. It also sounds as if he/she doesn't want you to make a 'fuss' because they know they are in the wrong to ask you to do this. It really needs bringing out into the open otherwise you will be suspicious of all your workmates and make you feel uncomfortable at work.

I wish you well with whatever you decide to do.

esam Sun, Mar-25-12 13:19

This is ridiculous!!!
you should not have to result in IF just to placate an ignorant and uncompliant boss!!!!

What they are doing to you is WRONG!!!!

When my first child was born, I was a nursing mother, a coworker complained and threw a fit when I kept my milk (in a sealed container) in a community fridge, I was confronted by my manager who spoke to HR (LARGE CORPORATION) and I was told that I had to provide a note from my baby's Dr that it was medically necessary for me to express milk during work hours ( I did) , I was forced to go to a locked room and use a separate fridge to store my milk,. The ensuing stress compromised my supply and after a couple of month it wasn't worth the fight to continue. (oh, if I knew then what I know now!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!)

The fact that you are looking for ways to work around them is crazy!!
They have to accomodate you, do not let emotions affect your judgement. Don't cave in to their pressure. How would that "uncomfortable" employee feel if you went into a diabetic coma?!!! How would they feel if their ignorance was directly responsible for YOUR health!!!!

complete BS!!!! you have every right to have your insulin handy and to test when necessary!!! (my husband is insulin dependant, so I know how important testing is)
and they should NOT make you go into a bathroom stall either, (not the most sanitary place!!!)

Don't let them manipulate you!!! and before you try IF, make sure your Dr is on board with it!!! too risky to play with on your own.....

I'm very emphatic about this, I hope you find what you need (courage, strength, right words) to stand up for what is right.
This is America, after all

Sue333 Sun, Mar-25-12 14:00

Edith, I don't understand why you are so adamant that your employer "knows the law." No, clearly they don't! They are required to accomodate you! Keeping insulin in the community fridge is hardly a hardship. I wonder what else your co-workers will come up with...uncomfortable with someone who is black? Uncomfortable with someone who is vegan? Really, what a bunch of schmuks.

If YOU are not willing to confront them and really just want to go along to get along, then buy yourself a little insulated lunch bag, keep your insulin in there with a small ice pack, and inject in a stall. No one needs to know. You can do IF as you suggest, but to think that you HAVE to do that in order to accomodate your stupid co-workers really burns my buns.

It's up to you to decide how you want to play this.

leemack Sun, Mar-25-12 15:08

Why are you so scared of your employers, Edith? Is there history that causes you to feel this way? What repercussions are you worried about if you persue this?

Lee

MizKitty Sun, Mar-25-12 16:04

I'm a type II and IF, but I have read on many sources that IF is a really bad idea for type I's.
If you won't fight for your legal rights, then follow the suggestion of getting a lunch cooler and keep your insulin with you. You probably need to do that even if you do decide to try IF. It needs to be eased into gradually, especially by a diabetic.


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