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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I am a director at large Cardiology group and had diabetic

Customer Question

I am a director at large Cardiology group and had diabetic eposide yesterday in my office (Cardiology). My trained clinical staff immediately took my blood sugar reading saw it was extremly low and starting giving me sugar suppliments to raise my glucose. After a couple of minutes I returned to normal as always. This is a recurring event with me. Ten minutes later I returned to my normal work day.
About fifteen minutes later I was approched by 2 other directors to reprimand me for not calling a "code". I said they would have to talk to my staff because I was in an disabled state and unable to function. I called my senior Tech in and she explained the events to them, and did not need the Crash cart, blood glucose was done and sugar was given and I responsed. I continued to be reprimanded about how I handled the situation.
I was disabled at the time and I am not sure this is not a violation of my Federal Rights since I was unable to respond to any of their accusations of wrong doing. Please advise.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.
It certainly could be a violation of your constitutional rights, as protected under the Civil Rights Act and the Americans with Disabilities Act. I am a licensed attorney with over a dozen years of employment law experience. It is a pleasure to assist you today. A person cannot be punished or reprimanded based on their disability. A disability is anything that prevents that person from enjoying one or more normal life functions. In the present case, you were certainly momentarily disabled and as such, could not have called a code. Moreover, the staff did indeed handle the situation in the correct manner because they recognized you did not need a full code...only sugar, in recognition of your symptoms relative to your past history. I am not sure that this verbal reprimand is something worth pursuing as you sit here today because it would be difficult to prove damages. That said, document that it has taken place, when it took place and who did it. If the situation arises again wherein you are reprimanded, then you need to meet with the EEOC about filing a complaint. The EEOC will look at the facts and likely allow you access to the federal court to file suit. Your employment is protected in that situation as well. Let me know if you have any other questions or comments. Please also rate my answers positively. Best wishes going forward!

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