Dov Lutzker, Senior Counsel in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in Workspan Daily in “Strategies to Deliver Diabetes Support and Solutions for Employees,” by Tom Starner.
Following is an excerpt:
With November being designated as Diabetes MonthOpen in a new tab in the United States — and Nov. 14 serving as World Diabetes DayOpen in a new tab — it may be the perfect time for total rewards (TR) professionals to:
- Focus their communications and initiatives on this prevalent and pervasive health issue; and,
- Provide benefits and resources to boost the health and well-being of the organization’s workforce. …
Dov Lutzker, an attorney and partner with the Epstein Becker Green law firm, noted that the ADA covers private employers with 15 or more employees, so many employers likely need to be proficient on diabetes from a wellness, cost-containment, and legal and regulatory compliance perspective. …
“Before a job offer, employers cannot ask about a medical condition, including diabetes,” Lutzker said. “After a job offer but before employment starts, employers can ask about health conditions if they ask all applicants in the same job category.”
For example, he said employers can ask about diabetes only if there is a legitimate concern about safety or job performance, or if the employee requests an accommodation. Lutzker explained that employers are required to provide reasonable accommodations to qualified employees (or applicants) with diabetes to enable them to perform their essential job functions — unless the accommodation would create an undue hardship. …
Just like people with other types of disabilities, when an employee with diabetes requests a reasonable accommodation, Lutzker said, it is important to engage in an interactive process with the employee to determine their individual needs based on their particular functional limitations and job description.
“The accommodation that is right for one person may not be the same as for another employee,” he said. …
