Am i being Discriminated against?

kriszurcj · Jul 17, 2008

Every nurse I've ever met had to start out on nights.

cpnegrad07 · Jul 18, 2008

Due to the problems I have with nights and blood sugars after a meeting with occupational health it was agreed that i would work 3 nights in every 4 week rota. It's a compromise I do a few nights but not too many.

I am so tired of hearing hospital mgrs' concerns about liability issues and then seeing the decisions, like this one, they make!!!

Oy!! Note to Adm: Avoid big dollar payouts--stop making STUPID decisions. :nono:

kjetski · Jul 18, 2008

The Americans With Disabilities Act requires employers to make "reasonable accomodations" for employees with disabilities. (I'm assuming that diabetes would be considered a disability).
"Reasonable accomodations" might include regular relief for meal breaks, but I doubt that it would include an employee specifying a permanent shift, especially if the hospital can demonstrate a need for staff on a different shift.
I echo the suggestion that you consider out-of-hospital positions. I would also make another suggestion: When going on an interview, it is necessaryto inform the potential employer about your need for day shift work, but you are not obligated to state the reason why. I would simply state that you need day shift for personal reasons. That may involve elder care issues, school schedule, childcare, or insomnia. It is none of their business. By informing potential employers upfront that you are diabetic, you may be raising alarm over healthcare costs. They may use your need for day shift work as a convenient reason not to offer you a position, when their real concern is your diabetes (which they can't legally address).

Diabetics are NOT covered by the ADA. My SO has her masters degree in Human Resources. Diabetics can control their illness... Sorry no cigar..

allnurses Guide · Jul 18, 2008

Diabetics are NOT covered by the ADA. My SO has her masters degree in Human Resources. Diabetics can control their illness... Sorry no cigar..

Questions and Answers About Diabetes in the Workplace and the Americans with Disabilities Act (ADA)

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

kcochrane · Jul 18, 2008

Have you thought about a long term care facility..especially a county one? It is hard to get anything else but a day shift in my facility - especially if you are a RN. Rehab?

softstorms · Jul 18, 2008

Congradulations on your ability to get thru nursing school with IDDM. Now you may need to use all the skills you learned to study and learn and go to class...to get by this next step. They have the jobs and positions to offer...you have the skills. It is not thier place to make the job fit you. It is your ability to make yourself fit the job. You have already proved you can control your IDDM. I have found that you can get into an imperfect job, and later turn it into a perfect one. Good Luck

GARY.RN · Jul 18, 2008

I've rarely heard of a nurse new or otherwise who goes on an interview and right away secures a day shift position. You might luck out into one once in a while but most day shift positions are generally obtained by employees who have been on nights or another shift to start out and waited until a day shift position opened up.

In terms of your diabetes, that's your business foremost. I personally would not give my employer any reason why I wanted day shift other than that's the shift I prefer.

Whenever you start a new position almost every eye in the facility is on you. There's a lot to do in order to "fit in" with your co-workers and others not to mention most important learning the routine of your unit. I wouldn't go into an employment situation where my manager and possibly my co-workers know from day one that I have a health condition.

I also would not tell my employer especially during an interview that I have a health condition of any kind and I especially would not tell a prospective employer that I can work only a certain shift. To me this sends up an immediate red flag that you might be a big risk in terms of missing time from work or not being flexible enough to work different shifts in times of need.

You may have to take whatever position is available for now until a day shift position opens up. I would think there are ways to handle your BS on night or any shift for that matter.

And, if you made it clear to every employer around your geographic area that you'll only take a day shift position and that you're a diabetic you may have burned your proverbial bridges. It has nothing to do with discrimination but more so with what prospective employers may consider as risks versus benefits with potential new hires.

Take some advice from an old man who's been around the block many times:

1) Never ever go on an interview and specify or limit yourself to a specific shift. List your shift preference only.

2) Never ever go on an interview and disclose at the forefront any information about yourself other than basic information to obtain employment, especially health information.

Good luck in your search.

Gary

cpnegrad07 · Jul 18, 2008

Lilmama, i started last Fall as a new grad (in Charleston) and told everyone i interviewed with that i would only take Days (or Evenings at worst). That definitely limited my options--like, only 1 agreed to take me. But, that was all i needed.

You probably aren't being rejected for DM but for being inexperienced--they will reward their own that stay by giving them the shifts they want, which leaves the night shifts for the new hires. I know that it isn't inevitable that you work nights for a while, just likely.

Good luck to you. We just took on 4 new grads--some will drop out. E-mail me for the name of the hosp.:wink2:

missjennmb · Jul 18, 2008

Just a little tip regarding general interview strategies...

- Dont make the interview about your personal life, at all, if you can help it.

- Dont put a negative spin on ANYTHING in an interview (words like "I cant" and "I wont" will be heard way louder than the actual statement they are a part of)

You need to go in, be professional, keep personal tidbits to a minimum, and give off an energy of excitement, a desire to pitch in and help with whatever unsavory tasks may be at hand, flexibility and a willingness to learn that facility's rules/peculiarities.

The goal of an interview is NOT to get the job. The goal of the interview is to get the offer. Once you get the offer THEN you bring up your terms (preferred hours, needing to eat on the floor, salary requirements, etc). When you are interviewing, there are a dozen other people who are also interviewing. You need to wait until they have narrowed it down to YOU, because at that point they want YOU and will be much more willing to make concessions than if they are picking between you and 11 other people.

Besides...it is much better for your self esteem to turn down positions that do not quite suit you than to never get a job offer.

avalanche678 · Jul 22, 2008

I wanted to say first that everyone who said it is right, during an interview it is illegal for them to ask you questions about your health for the reason they could be discriminating against you...so just DONT give out that information freely for the same reason. Only once you are offered the job should you say any sensitive information.

Also, diabetes when it comes to discrimination is considered a disability or at least can be. For those of you who do not have IDDM, it is hard to understand what affects it has on your every day and life. That said, everyone is suggesting that she look for other jobs outside of the hospital...why should anyone who has diabetes not have the same opportunities to work where they want or need to work (since it is generally expected to get hospital work first and almost impossible not to start out that way), just because they need some accommodation that is reasonable? It is not like she is saying that she just doesn't feel like working nights, it is a serious safety concern for both her and her patients that needs to be addressed and it IS discriminating against a person if an employer does not want to work with them as a GOOD worker who can do their job perfectly well but needs time to eat if their blood sugar is low or to have working conditions that do not CAUSE ridiculously low and dangerous levels (such as the hospital making you run around the floor for 5 hours straight without even a moment to stop, and will not let you eat on the floor, WILL cause a dangerous low blood sugar level).

There are hospitals out there that do accept new nurses on the day shift, I think that is changing but depends on the area. If relocating was already a possibility for you, I think you might try to find the areas of the country that are more inclined to hire new graduates on days (I have found that trends are regional/statewide for most things in nursing job searches). My friend has a day shift in the ED right now, just graduated. In fact, there aren't that many of my fellow new grads who I know will be working nights. (Atl/Athens, GA)

My suggestion is if you do not want to relocate, try the night shift out after working with your doctor on how you can try to prevent the low blood sugars, and maybe after a while your body will adjust. Maybe it will not work. But at that point they will have already hired you and trained you, they might just be willing to work with your needs (AS THEY SHOULD!). There is no reason you should let your health suffer for a job because if it contributes to complications then you will definitely have a much harder time to be accommodated then, and will have even fewer options. Good luck and the best to you!

Also, any other diabetics out there I am having the same concerns I want to work in certain hospitals that only do rotating shifts days an nights, so I wont even get a chance for my body readjusts before I have to switch completely back again. I am already not under the best control. Has anyone with IDDM tried this and been ok with it, or is it just a bad idea overall? THanks for the input.

I love my cat! · Jul 22, 2008

Diabetics are NOT covered by the ADA. My SO has her masters degree in Human Resources. Diabetics can control their illness... Sorry no cigar..

Although this is true...taken from the website EEOCgov

Enforcement Guidance:

Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act

Modified Workplace Policies

Is it a reasonable accommodation to modify a workplace policy?

Yes. It is a reasonable accommodation to modify a workplace policy when necessitated by an individual's disability-related limitations,(71) absent undue hardship. But, reasonable accommodation only requires that the employer modify the policy for an employee who requires such action because of a disability; therefore, the employer may continue to apply the policy to all other employees.

Example: An employer has a policy prohibiting employees from eating or drinking at their workstations. An employee with insulin-dependent diabetes explains to her employer that she may occasionally take too much insulin and, in order to avoid going into insulin shock, she must immediately eat a candy bar or drink fruit juice. The employee requests permission to keep such food at her workstation and to eat or drink when her insulin level necessitates. The employer must modify its policy to grant this request, absent undue hardship.

Similarly, an employer might have to modify a policy to allow an employee with a disability to bring in a small refrigerator, or to use the employer's refrigerator, to store medication that must be taken during working hours.

Also, if your DM is severe enough, you will qualify for Social Security Disability.

9.08 Diabetes mellitus. With:

A. Neuropathy demonstrated by significant and persistent disorganization of motor function in two extremities resulting in sustained disturbance of gross and dexterous movements, or gait and station (see 11.00C); or

B. Acidosis occurring at least on the average of once every 2 months documented by appropriate blood chemical tests (pH or pC02 or bicarbonate levels); or

C. Retinitis proliferans; evaluate the visual impairment under the criteria in 2.02, 2.03, or 2.04.