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

The Ohio Department of Rehabilitation and Correction violated federal law when it denied a Grafton prison guard an earlier shift so he could manage his diabetes.The Plain Dealer
CLEVELAND, Ohio— The U.S. Department of Justice filed a lawsuit and agreement with Ohio’s Grafton prison over the state’s failure to accommodate a guard who has Type 1 diabetes.
Justice Department attorneys, in the case filed late Thursday, accused the Ohio Department of Rehabilitation and Correction of violating the Americans with Disabilities Act for its treatment of a lieutenant who has worked at the prison for 21 years.
The consent decree, which must be approved by U.S. District Judge Christopher Boyko in Cleveland, will force the prison system to fix its issues and be under federal oversight to ensure the fixes last. The state also must pay the officer $50,000, according to the agreement.
Ohio Department of Corrections spokeswoman JoEllen Smith said she had no additional comment because the agreement still needs the judge’s approval.
Employers are required by federal law to make “reasonable accommodations” for employees with illness or disabilities.
The Justice Department’s lawsuit says the prison system failed to accommodate the guard by denying his request to work a day shift. The officer needed to work in the daytime to better manage his blood-sugar levels and avoid further health complications.
The state agency allowed the officer in 2016 to work dayshift after his blood-sugar drastically spiked. Officials moved him to a later shift in 2019, despite the officer and his doctors corresponding with prison officials, according to court records.
The agency must revise its policies and give the guard, who is not identified in court records, the shift he needs. The Justice Department must approve any policy change and will assist the prison in training officials as part of the agreement. The prison must also give periodic reports to the Justice Department on its progress.
The Cleveland office of the U.S. Equal Employment Opportunity Commission conducted the initial investigation and referred the case to the Justice Department.
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