Taking Insulin/Loss of losing job

[mbc]

What is the name of your state? Alabama

I didn't know if this falls under discrimination or firing. I have a co-worker whose son is employed by a local company to drive a truck to restock vending machines. His CDL (Commerical Driving Liscence) has been revoked because he is taking insuline shots for his diabetes for 6 weeks. He is now at risk of losing his job. Need to know if a employee can no longer drive because of medical reasons beyond their control, does the company have the right to fire them just for that reason or do they have to put them in another position (example: warehouse).

 

[BelizeBreeze]

What is the name of your state? Alabama

I didn't know if this falls under discrimination or firing. I have a co-worker whose son is employed by a local company to drive a truck to restock vending machines. His CDL (Commerical Driving Liscence) has been revoked because he is taking insuline shots for his diabetes for 6 weeks. He is now at risk of losing his job. Need to know if a employee can no longer drive because of medical reasons beyond their control, does the company have the right to fire them just for that reason or do they have to put them in another position (example: warehouse).

In this exact situation, the employer is not required to find a position for the employee if that employee loses his license, which is a condition of his employment.

If they do, it's because they want to, not because they are required to do so.

 

[mbc]

Would that not be considered discrimination based on his medical condition? Would they not be required to place him in a non-driving position?

 

[BelizeBreeze]

Would that not be considered discrimination based on his medical condition? Would they not be required to place him in a non-driving position?

His is NOT disabled. His condition is temporary. Depending on how large the company is, he may not even be covered by fed regs.

Also, did he reveal his diabities upon applying for the position? There are simply too many factors to know. But, based solely on what you posted, the company is not required to keep him if he can't do the job.

 

[mlane58]

Couple of questions need to be answered:

How many employee are there within a 75 mile radius?
How long has this employee been with the company?
How many hours did they work in the previous year?

FMLA may apply, but we won't know that until you answer these questions and depending what the answers are.

If FMLA doesn't apply, BB made a good pint that since the employee had their license suspended, they cannot perform the esstenial functions of the job. Also the company isn't obligated to make a position for anyone. In order for the company to move someone to another position, they would have to be qualified, there needs to be an open position.

 

[lealea1005]

so are you saying he is taking insulin for 6 weeks only or did he start taking insulin 6 weeks ago?

we have a lot of DOT physicals coming through our office and in the past 10 years I've never seen anyone permanently denied a CDL license because of diabetes, unless is was newly diagnosed and the patient was still in the process of regulating their blood sugars.

 

[lealea1005]

...and even then, it was temporary.... the Doctor just wrote a letter stating the patient was well controlled and the patient's license was reinstated.

the only other illness they refuse a license for is a seizure disorder.

 

[mbc]

How many employee are there within a 75 mile radius? They have two plants - have between 200 - 400 employees

How long has this employee been with the company? 1 1/2 years

How many hours did they work in the previous year? 40 hours/week

He did inform them that he had diabetes when he was hired. He has been taking insulin through pills but cannot get his diabetes regulated. His doctor is wanting to try shots for 6 weeks. He will not know until after 6 weeks as to whether his doctor will have him permanently on shots. His license allows him to be on insuline through pills but does not allow insuline through shots.

 

[mlane58]

How many employee are there within a 75 mile radius? They have two plants - have between 200 - 400 employees

How long has this employee been with the company? 1 1/2 years

How many hours did they work in the previous year? 40 hours/week

He did inform them that he had diabetes when he was hired. He has been taking insulin through pills but cannot get his diabetes regulated. His doctor is wanting to try shots for 6 weeks. He will not know until after 6 weeks as to whether his doctor will have him permanently on shots. His license allows him to be on insuline through pills but does not allow insuline through shots.

The employee needs to speak with the HR representative about FMLA

 

[cbg]

There are NO circumstances under which the employer is required to create a new job for the employee.

IF there is an OPEN position for which the employee is qualified, then it would (probably) be a reasonable accomodation to put them into it. But the employer is not required to bump someone out of their position for him or to put him into a position for which he is not qualified.

It sounds as if he would qualify for FMLA, which might be an option for the 6 weeks.

 

[moburkes]

The employee needs to speak with the HR representative about FMLA

Right, but that will only protect him for 12 weeks. If he is unable to go back on the pills, apparently his license will remain revoked. In that case, he will still lose his job when he returns to work because he can't perform it.

I just don't want OP getting her hopes up.

 

[mitousmom]

I would tend to think your friend's son has a disability under the ADA. However, he can be fired because, without a CDL, he can't perform an essential duty of his job, i.e., driving. However, it's not clear to me why his CDL was revoked rather than suspended pending regulation of his diabetes.

Nonetheless, the young man should ask his employer for a reasonable accommodation because of his medical condition. The ADA requires an employer to provide reassignment to a vacant position as a reasonable accommodation when an employee can no longer perform the essential functions of his/her current position, with or without reasonable accommodation. The employer doesn't have to create a position for him, but must consider him for vacant positions for which he qualifies.

 

[rmet4nzkx]

How many employee are there within a 75 mile radius? They have two plants - have between 200 - 400 employees

How long has this employee been with the company? 1 1/2 years

How many hours did they work in the previous year? 40 hours/week

He did inform them that he had diabetes when he was hired. He has been taking insulin through pills but cannot get his diabetes regulated. His doctor is wanting to try shots for 6 weeks. He will not know until after 6 weeks as to whether his doctor will have him permanently on shots. His license allows him to be on insuline through pills but does not allow insuline through shots.

The reason for this is that a diabetic who is not regulated and having to go from taking pills to taking shots could possibly go into a coma while driving if they don't do everything correct, that is why the temp suspention, he should apply for FMLA 12 weeks should cover it unless they have some other job tempoarly.

 

[acmb05]

Right, but that will only protect him for 12 weeks. If he is unable to go back on the pills, apparently his license will remain revoked. In that case, he will still lose his job when he returns to work because he can't perform it.

I just don't want OP getting her hopes up.

Not necessarily. If the shots will regulate his blood sugar then he would more than likely be cleared to drive again.