Circuit
  • Report: #446378

Complaint Review: Kroger

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  • Submitted: Fri, April 24, 2009
  • Updated: Tue, April 28, 2009

  • Reported By:Columbus Ohio
Kroger
5991 Sunbury Road Westerville, Ohio U.S.A.

Kroger Employment discrimination based on disability Westerville Ohio

*Consumer Suggestion: Did some reasearch

*Consumer Comment: Disability

*Consumer Suggestion: Rules

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My name is Joshua Aikins, I have had diabetes since I was 6 and I am now 21 going on 22. When I turned 18 I started working at a grocery store everyone may know, Kroger I liked my work and soon I got full-time working in the meat department, everyone knew I had diabetes and everything was going great. after a year management began to change every couple of months I had continued to notify management of my chronic illness. After a while I had an incident no fault of my own that I had gone to the hospital with Diabetic Keto Acidosis. "(Diabetic ketoacidosis (DKA) is a life-threatening complication in patients with diabetes mellitus. Near complete deficiency of insulin and elevated levels of certain stress hormones increase the chance of a DKA episode.) source: wikipedia definition of DKA http://en.wikipedia.org/wiki/DKA" this had occured twice in 2008 and I had been punished for missing more than a few days of work I had been written up and even as far as suspended due to my illness causing me to be Incapable of working while in DKA. I had quit on September 16th of 2008 to get away from the stress that was aiding in the increasing chance of having another DKA episode, thus threatening my life. I find myself unemployed. Recently I had filled out an application for Kroger, next day I get a call and I have an interview during the interview I state that I had some attendance problems relatingto my Diabetes and notify the hiring manager that I am no longer having any problems with my Diabetes and that it is very well managed. When I contacted the manager to see if I had gotten the job I was told two things first, "The position has been filled by someone that has more experience than you." OK thats understandable... Second, "due to your sickness management can not overlook your absenteeism and we see that it could be a problem in the future." ok now please someone help me I am so distraught I have no idea what to do...I feel discriminated against and I feel that I am being punished for having this disease... (((ROR Redacted))) defines employment discrimination as "

Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including:

* hiring and firing
* compensation, assignment, or classification of employees
* transfer, promotion, layoff, or recall
* job advertisements
* fringe benefits
* pay, retirement plans, and disability leave
* other terms and conditions of employment
* harassment on the basis of race, color, religion, sex, national origin, disability, or age
* retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices
* employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities
* denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group"

Sh4d0w_z0n3r
Columbus, Ohio
U.S.A.


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This report was posted on Ripoff Report on 04/24/2009 08:16 PM and is a permanent record located here: http://www.ripoffreport.com/r/Kroger/Westerville-Ohio-43081/Kroger-Employment-discrimination-based-on-disability-Westerville-Ohio-446378. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Did some reasearch

AUTHOR: Ashley - (U.S.A.)

I did some research for you and diabetes can sometimes be classified as a disability under the ADA.

http://www.eeoc.gov/facts/diabetes.html

It does state in the article that if you miss work you still need to follow the guidelines laid down in the FMLA. So if you did not see a doctor every time you missed work for your diabetes, then the employer could discipline you for unexcused absences.

This is the important part, if they violated this I would talk to a lawyer:

8. What types of reasonable accommodations may employees with diabetes need?

Some employees may need one or more of the following accommodations:

* a private area to test blood sugar levels or to take insulin
* a place to rest until blood sugar levels become normal(6)
* breaks to eat or drink, take medication, or test blood sugar levels

Example: A manufacturing plant requires employees to work an eight-hour shift with just a one-hour break for lunch. An employee with diabetes needs to eat something several times a day to keep his blood sugar levels from dropping too low. Absent undue hardship, the employer could accommodate the employee by allowing him to take two 15-minute breaks each day and letting him make up the time by coming to work 15 minutes earlier and staying 15 minutes later.

* leave for treatment, recuperation, or training on managing diabetes(7)
* modified work schedule or shift change

Example: A nurse with insulin-treated diabetes rotated from working the 6 a.m. to 2 p.m. shift to the midnight to 8 a.m. shift. Her doctor wrote a note indicating that interferences in the nurse's sleep, eating routine, and schedule of insulin shots were making it difficult for her to manage her diabetes. Her employer eliminated her midnight rotation.

* allowing a person with diabetic neuropathy (a nerve disorder caused by diabetes) to use a stool.


Footnote (7) under the leave for treatment and recuperation:

7. An employee with diabetes also may be entitled to leave under the Family and Medical Leave Act (FMLA), which provides for up to 12 weeks of unpaid leave for a serious health condition. The U.S. Department of Labor enforces the FMLA. For more information, go to www.dol.gov/esa/whd/fmla/.

Hope that helps you learn your rights!
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#2 Consumer Comment

Disability

AUTHOR: Keith - (U.S.A.)

Ashley, Yes diabetes is a disability. If the OP was discriminated against, contact a lawyer ASAP. I am also a diabetic who has had bouts of DKA, so I know what the OP has gone through. Employers need to be taught that a 500 pound person who can't stay away from Big Macs is not disabled, but a diabetic is!
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#3 Consumer Suggestion

Rules

AUTHOR: Ashley - (U.S.A.)

Is diabetes classified as a disability? That is the first thing you need to find out. If it is not classified as a disability then you aren't covered. The other question, when you had your episodes did you bring notification from your doctor of treatment for your condition?

Under the FMLA, which would cover your diabetes, an employer cannot terminate you as long as you follow the rules. You need to visit a doctor when you get ill, and sumbit paperwork over the illness from your doctor. You will need to visit again to get a release to return to work. As long as you are taking these steps you could not be fired. If you were just calling in because you were having issues with your diabetes, and you were not going to a doctor, then you could be terminated for this.
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