In the case of the cashier, Josefina Hernandez, vs. Walgreens, it was determined by a judge that Walgreens violated Americans with Disabilities Act, which protects those with disabilities from discrimination and provides them with equal opportunities. I am a Type 1 Diabetic. I have had it for 40 years and I have no diabetic complications. I don’t think of myself as disabled but once in a while I do get low blood sugar, I also forget to take a shot once in a blue moon and get high blood sugar; have you ever forgotten to take your birth control pill? Sometimes I clean house like a madwoman and I get a low blood sugar, sometimes I am at work and we are moving files or I am just being more active than normal and I get low; same with Josefina. She …show more content…
was a cashier, who probably did not stock shelves every day. Exercise lowers blood sugar. Low blood sugar makes you feel weak, shaky, and very sweaty and you don’t feel like eating sometimes but you are forced to because otherwise you become incoherent. You have to eat or drink something. I agree Josefina needed to eat and should be allowed to eat. However, I have a few issue with this situation.
1. Walgreens had an anti-grazing rule to prevent workers from taking things and then paying later. She knew the policy. 2. The EEOC filed the suit on her behalf. Was it because this happened in 2008 and the ADA Amendments Act of 2008 ("Amendments Act" or "ADAAA") was being worked on and passed on Jan 1, 2009? (EEOC.gov) Discrimination against someone with Diabetes would have been a hot button issue and Walgreens was a large, well-known company. This issue would have been very visible. 3. Josephina worked at Walgreens for 18 years and was diagnosed as a Diabetic thirteen years earlier. She informed the company at that time. “Sometimes, the decision to disclose depends on whether an individual will need a reasonable accommodation to perform the job (for example, breaks to take medication or a place to rest until blood sugar levels become normal).”(EEOC.gov) During the years after diagnosis, Hernandez was allowed to keep candy nearby in case of low blood sugar, keep her insulin in the break room refrigerator and take additional breaks to test her blood sugar or eat because of her diabetes. (Gould, T.) This shows that her managers were aware of her diabetes and had made the right accommodations for …show more content…
her. 4. Do you pee on the job? Do you ask someone to cover you? She could have taken a break, asked for help, told the manager right away, etc. Yes, when you are low, you can treat it yourself with food, however, sometimes you may need additional help if your blood sugar is falling too fast. It would have been more responsible of her to let someone know. Also, chips take longer to eat than to drink a coke or eat a candy bar; when you are low, every minute counts. Asking the manager to get her a coke would have been preferable. 5. The ADA Act grants reasonable accommodations unless doing so would cause significant difficulty or expense for the employer.(EEOC.gov) Now a bag of chips is not a big expense, but Walgreens had a no grazing policy. A policy that came from a significant loss of money due to employees not paying for food (350 million dollars). (Gould, T.) Also, she stole from the company for those minutes of her shift that the chips were eaten and not paid for, she was a thief. I have never had to steal to handle a low blood sugar. “Intentionally takes, uses, transfers, conceals or retains possession of property belonging to another, with the intent to permanently deprive the owner of the property.”(Goguen, D) Now in her case it wasn’t a permanent theft. She stated she was going to pay for it, and she did pay for the chips; however, when the manager saw them under her cash register, they were not paid for. She did pay for it before leaving the store, so no crime was committed, right? This is what Walgreens did to make it right. “According to the consent decree settling the suit, Walgreens agreed to pay Hernandez $180,000 and to post its revised policy regarding accommodation of disabled employees on its employee intranet site. The company will also provide anti-discrimination training, make periodic reports to the EEOC, and post a notice regarding the decree for three years.”(Gould, T.) Josephina was fired her for violating the no grazing policy.
Was she grazing? Yes. If she had been eating her own food, they would not have fired her. I do not see this issue as black and white, I see this situation as a very gray area. The manager should have been more sympathetic to the low-blood sugar. He could have reminded her that they have accommodations in place to help her and that she should call for help. He should also have stated the no grazing policy again, and stated if she took any store products in the future she would face counseling and disciplinary action. As a diabetic, I, nor the other 32 million diabetics in America, could not run into a store, eat food off a shelf, and pay for it hours later, just because I had low blood
sugar. References 1. Goguen, D. (2011, February 4). Minnesota Petty Theft and Other Theft Laws. Retrieved June 7, 2018, from https://www.criminaldefenselawyer.com/resources/criminal-defense/crime-penalties/petty-theft-minnesota-penalties-defense 2. Questions & Answers about Diabetes in the Workplace and the Americans with Disabilities Act (ADA). (n.d.). Retrieved June 9, 2018, from https://www.eeoc.gov/laws/types/diabetes.cfm 3. Gould, T. (2014, April 23). Bag of chips a reasonable ADA accommodation? Store didn’t think so. Retrieved June 10, 2018, from http://www.hrmorning.com/is-a-bag-of-chips-a-reasonable-ada-accommodation-store-didnt-think-so/
According to the court case on Pam Huber v. Wal-Mart Stores, Inc., I am in agreement with the fact that the “district court granted summary judgment in favor of Huber” (Morgan, p.413) and that Wal-Mart gave Pam Huber, a maintenance associated job due to her disability. In doing so, I am also in agreement with the fact that Wal-Mart did not breach the American with Disability Act of 1990 due to the fact that Wal-Mart specifically stated what was required of Pam Huber to do on the job. Due to that, I am in agreement with Wal-Mart’s decision to hire a capable candidate in replace of Pam Huber due to their policy.
The Tucker vs. Walgreen Company was a nationwide known class action case. It fell into the category of race discrimination. This cases was brought to the attention of the law by African Americans who were employed at this retail and pharmacy store. This pledged that they were being discriminated to by the following acts:failure to move up in positions (promotion), dieing them the opportunity to apply for assistant manager and manager, and being assigned to an undesirable store for an extended period of time compared to whites. They filed a class action lawsuit with the demand of compensatory and punitive damages and declaratory and injunctive relief. Along with these demands, the plaintiffs desired class certification for those who have been previously affected by the defendant’s discriminatory acts as well as any who will suffer from them in the future.
Case study: Carol is 17 years old and was diagnosed with Type 1 diabetes at the age of 7 years. Carol has had a recent hospital admission for dehydration and high blood glucose. During the admission Carol was found to be 6 weeks pregnant. Prior to the admission she had been experiencing weight loss and changes in mood.
During the year 1889, two researchers, Joseph Von Mering and Oskar Minkowski, discovered the disease that is known today as diabetes. Diabetes is a disease in which the insulin levels (a hormone produced in unique cells called the islets of Langerhans found in the pancreas) in the bloodstream are irregular and therefore affect the way the body uses sugars, as well as other nutrients. Up until the 1920’s, it was known that being diagnosed with diabetes was a death sentence which usually affected “children and adults under 30.” Those who were diagnosed were usually very hungry and thirsty, which are two of the symptoms associated with diabetes. However, no matter how much they ate, their bodies wouldn’t be able to use the nutrients due to the lack of insulin.
The pathophysiology of diabetes mellitus in is related to the insulin hormone. Insulin is secreted by cells in the pancreas and is responsible for regulating the level of glucose in the bloodstream. It also aids the body in breaking down the glucose to be used as energy. When someone suffers from diabetes, however, the body does not break down the glucose in the blood as a result of abnormal insulin metabolism. When there are elevated levels of glucose in the blood, it is known as hyperglycemia. If the levels continue to remain high over an extended period of time, damage can be done to the kidneys, cardiovascular systems; you can get eye disorders, or even cause nerve damage. When the glucose levels are low in one’s body, it is called hypoglycemia. A person begins to feel very jittery, and possibly dizzy. If that occurs over a period of time, the person can possibly faint. Diabetes mellitus occurs in three different forms - type 1, type 2, and gestational.
Possible benefits are if a patient eats his or her breakfast and his or her blood sugar returns to normal. However, there are applications in the computer where a diabetic educator is able to view when a patient had low blood sugar and it was not rechecked in a timely manner to ensure that the blood glucose returned to normal. Managers are often being talked to by diabetic educators, because nursing staff at times decide to use their own judgment when treating low blood sugars rather than following the hospital protocol, and then nurses are forced to explain their decisions. Thus, the importance of documenting and ensuring a patient’s blood glucose has returned to normal, even though the flow chart was not implemented, is often emphasized. Discussion B Describe an ethical dilemma that could occur in your organization.
...gnosed with diabetes, with an estimated further 1 million people remaining undiagnosed, and by 2010 this number is predicted to more than double to 3 million (Department of Health, 2001). Clearly, diabetes is a disease that will inevitably pose huge economic burdens for nationalized health service in the future. I hope that with the increase in diabetes and complications associated with the disease will not prevent the NHS from continuing to provide the kind of comprehensive support that I hope someday my own country will emulate.
The ADA prohibits employer discrimination against qualified individuals with a disability in regard to application procedures, hiring and firing, promotions, pay, training, and other terms, conditions, and privileges of employment (Hernandez, 2001). This applies to the entire range of employer-employee relationships, including testing, work assignments, discipline, leave, benefits, and lay-offs. In addition, the ADA prohibits retaliation against individuals w...
The research will be used to update medical-surgical nurses on techniques and protocol for effective patient education in the management of type 2 diabetes. The impact on healthcare, in general, from this information increases the responsibility of the nurses for effective patient education and follow-ups. The greater in-depth patients are educated on the disease process, as well as, the combination of healthcare collaborations and patient self-management, the results can potentially decrease the amount of patients hospitalized each year due to elevated glucose level complications.(Nelson-Slemmer, 2014; Murtha, 2015) The financial burdens, both institutionally and patients individually, can be reduced by prevention education. Early interventions of the progression of Type 2 Diabetes, will also impact the financial affliction of long-term complications and comorbidities that can occur. (Murtha, 2015) Interprofessional education is beneficial and can provide the specialized education needed to successfully educate patients on managing type 2 Diabetes Mellitus. Additional collaborations are helpful in providing, across the board, care management to the patients. Patients who keep a diabetes care journal, track and monitor glucose levels, document nutritional intake and medication regimen have higher success rate in managing their diabetes outcomes. (Nelson-Slemmer, 2014) Providing this information to all healthcare practitioners allows individualization and accurate adjustments for their plan of treatment. The changes being made can reduce patients’ anxiety and depression about the diagnosis due to lack of knowledge and understanding. Providing the information and resources available to help patient understand and cope with the diagnosis is important. The patient needs to be
There are many symptoms of type one diabetes. They include drinking irritability, excessive urination, extreme weight loss, feeling very hungry or tired, sores that don’t heal and blurry eyesight. The cause of type one diabetes is unknown, although genetic tendency and childhood infections are two possibilities. The pancreas undergoes a change and cells that normally produce insulin are destroyed. This may be a result of the body’s own immune system believing the pancreas is a foreign organ. Also, type one diabetes often appears at times of physical stress and during illness when the body produces extra ...
Many employees claim low wages, no benefits, irregular schedules, and unreliable hours as some of the horrible working conditions they have to endure. Walmart employees put together different unions all the time to try and protest or strike about the wages, treatment and anything else that seems to come along with being an employee of Walmart. Walmart does not take well to these unions. Women of Walmart seem to have it the hardest though. As recently as 2013, despite the fact that women account for as much as 57 percent of Walmart’s U.S. workforce, women were paid $1.16 less per hour (Osterndorf). In an article about Walmart and how it treats employees wanting to take sick days, a woman in fear of losing her job at a North Huntingdon Walmart, went back to work even though she had doctors' notes and hospitalization recorded, which were both rejected by her supervisors, to excuse her from work due to a miscarriage. She was worried the she would get fired due to absences so she went back (Abrams). Walmart also does not give out good health care to its employees. There are many claims of Walmart cutting health care for employees or finding the cheapest possible solution for an employee's health care. In 2014, the company cut insurance benefits to its part-time employees (Osterndorf). In a New York Times article about health care called, Walmart to End Health Coverage for 30,000 Part-Time Workers, it stated
Type 1 diabetes, is an incurable but treatable disease which can occur at any age but is mostly found in children due to the high levels of glucose in the blood (Eckman 2011). Juvenile diabetes affects about 1 in every 400-600 children and more than 13,000 are diagnosed yearly (Couch 2008). Type 1 Diabetes means your blood glucose, or blood sugar, is too high. With Type 1 diabetes, your pancreas does not make insulin. Insulin is a hormone, which helps glucose gets into your cells to provide energy. Without insulin, too much glucose stays in your blood. Over time, high blood glucose can lead to serious problems with your heart, eyes, kidneys, nerves, gums and teeth (American Diabetes Association). Previous research has suggested proper insulin management, a balanced diet and exercise will help maintain glycemic control and lessen the chance of complications (Couch 2008).
When I and my mentor arrived at a patient’s home with type 1 diabetes, my mentor informed me that I would be giving the patient her insulin.
Diabetes Mellitus is a disease in which the pancreas produces little or no insulin. Insulin is a hormone that helps the body’s tissues absorb glucose which is sugar, so it can be used as a source of energy. Glucose levels build up in the blood and urine which causes excessive urination, thirst, hunger, and problems with fat and protein metabolism in a diabetic person. Diabetes is very common in the United States; it is the seventh leading cause of all deaths. Women have been diagnosed with diabetes more than men. There are two forms of diabetes, Type one and Type two diabetes. Type one diabetes is when the body does not produce insulin or produces it in very small quantities. This usually occurs in younger people under twenty years of age, mostly around puberty. Type two diabetes is when the body’s balance between insulin production and the ability of cells to use insulin doesn’t work properly. This is more common than type one; about 90-95% people in the United States have it. There are no cures for diabetes now but there are many researchers investigating factors through new technologies to cure them. Meanwhile, technological advancements are being made to keep glucose at a good level for diabetes.
Nowadays people use technology from everything from business to education to entertainment and much more. Almost everything we do and every aspect of our lives is affected by modern technology. With all the advantages of technology it is not surprising that we rely on it for almost everything in our daily lives, but how much is too much? People’s over-use computers and other modern technology is causing vital skills to be lost as technology replaces traditional ways of doing things. We are losing communication skills, memorization skills, and ……..?????????. And with the loss of these skills, what happens when technology fails?