Cleveland, OH

U.S. Justice Department enters consent decree with Ohio prison over failure of officials to accommodate guard with diabetes

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CLEVELAND, Ohio— The U.S. Division of Justice filed a lawsuit and settlement with Ohio’s Grafton jail over the state’s failure to accommodate a guard who has Kind 1 diabetes.

Justice Division attorneys, within the case filed late Thursday, accused the Ohio Division of Rehabilitation and Correction of violating the People with Disabilities Act for its remedy of a lieutenant who has labored on the jail for 21 years.

The consent decree, which should be accredited by U.S. District Decide Christopher Boyko in Cleveland, will pressure the jail system to repair its points and be beneath federal oversight to make sure the fixes final. The state additionally should pay the officer $50,000, in line with the settlement.

Ohio Division of Corrections spokeswoman JoEllen Smith mentioned she had no further remark as a result of the settlement nonetheless wants the choose’s approval.

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Employers are required by federal legislation to make “affordable lodging” for workers with sickness or disabilities.

The Justice Division’s lawsuit says the jail system did not accommodate the guard by denying his request to work a day shift. The officer wanted to work within the daytime to raised handle his blood-sugar ranges and keep away from additional well being problems.

The state company allowed the officer in 2016 to work dayshift after his blood-sugar drastically spiked. Officers moved him to a later shift in 2019, regardless of the officer and his medical doctors corresponding with jail officers, in line with court docket information.

The company should revise its insurance policies and provides the guard, who is just not recognized in court docket information, the shift he wants. The Justice Division should approve any coverage change and can help the jail in coaching officers as a part of the settlement. The jail should additionally give periodic stories to the Justice Division on its progress.

The Cleveland workplace of the U.S. Equal Employment Alternative Fee performed the preliminary investigation and referred the case to the Justice Division.

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