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Diabetic Workers At Risk Of Discrimination

13 December 2002

Refusal to pay compensation to a worker who suffered a hypoglycaemic episide has promted concerns that diabetics may be discriminated against by employers.

Concern is growing that diabetics may be unfairly discriminated against when looking for work after a Liverpool mechanic was refused compensation for an accident caused by a hypoglycaemic episode.

The worker suffered a 'hypo' while delivering spare parts, causing his vehicle to veer through a red light and collide with a bus, reports UnionSafe associate news source Workers Online.

NRMA Workers Compensation refused to foot the man's medical bill or pay his half-day in lost wages on the grounds his pre-existing medical condition caused the accident.

WorkCover NSW has supported the insurer's stance, saying workers compensation only applies if an accident is caused by an employer's negligence or a breach of occupational health and safety standards.

It was the first time the worker's condition had affected his ability to do his job.

While employers are encouraged to provide equal opportunities to people with disabilities, Diabetes Australia says the insurance issue now raises the question of whether some companies will still be willing to employ workers with diabetes and risk being sued further down the track.

Meanwhile, the UK's Trades Union Congress has released a briefing paper which outlines common examples of safety being used as an excuse to discriminate against people with disabilities in the workplace, including:

  • wheelchair users are often refused jobs on the grounds they would not be able to escape buildings during a fire or might 'get in the way' of colleagues trying to leave;
  • people with conditions like asthma or a genetic disposition to developing sickle cell anaemia are being refused certain types of employment on the false basis their employment will stop them from working safely; and
  • disability-related absences are being regarded as sickness absence - with knock on effects for disciplinary procedures, performance reviews and references.

TUC General Secretary John Monks says safety is a "poor excuse" for discriminating against disabled people.

"The law requires employers to remove the risks to people, not remove the people who may be at risk," he says.

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