r/diabetes • u/LisleSwanson • Aug 03 '24
Denied Service at a Spin/Cycling Class - destroyed my confidence after finally trying to get back in the gym. Type 1
Neely typed 1 - diagnosed as an adult about 6 months.
I recently signed up for a new Spin/Cycling Class in Florida to get back in it after being nervous to try and work out. They denied me service saying I couldn't bring my phone with me to the class, that I would have to leave it in a locker.
I told them my phone doubles as my medical device, it needs to be in proximity to my Dexcom device to monitor my blood sugar for my diabetes.
They said that doesn't matter, no phones allowed.
In Florida, is this legal? Is this just an owner refusing to apply common sense to a policy?
I was embarrassed. I didn't push it. I simply left but I didn't feel this was right.
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u/scenior Aug 03 '24
My yoga studio doesn't want us to bring in phones. Whenever I encounter a new teacher, before class I always explain that I need my phone right next to my mat. And I have alarms that may go off if my glucose drops too low. I tell them I also can't turn those off and I'm really sorry if it disrupts their class. Every single teacher has been so incredibly kind and told me not to apologize, that it's a medical device and not to worry AT ALL if the alarm goes off. That's how it should be. It's not like we chose to be diabetic. It's not like we are using these medical devices for fun. I'd be furious at your spin class.
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u/Ch1pp Type 1 Aug 03 '24 edited Sep 07 '24
This was a good comment.
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u/scenior Aug 03 '24
If there's a way to turn off the urgent low alarm on my CGM, I have no idea how lol. 🙃 I use the freestyle Libre 3. but even if I could, I'm not sure if that's safe.
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u/Ch1pp Type 1 Aug 03 '24 edited Sep 07 '24
This was a good comment.
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u/scenior Aug 03 '24
Oh weird. I am pretty sure my alarm goes off during an urgent low even if my phone (iPhone 15 pro max) is on silent, which I'm grateful for because I've had a few really bad lows that needed immediate attention and once I was completely out of it and needed help from my family (who also get alarms on their phones when my glucose drops too low). I think I can disable the other arms, though, but I probably won't because it could save your life!
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u/polari826 Aug 03 '24
there's one alarm you can't turn off for urgent/critical lows. even if your phone is on silent, it'll ring. and at that point that's the least of your worries.
the only time this was ever a problem was whe i happened to get a defective sensor which i figured out pretty quick.
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u/MindlessRip5915 T2 2021 (Janumet, Optisulin) Aug 03 '24
On an iPhone, Dexcom has the entitlement to override silent mode and sound anyway for the urgent alerts. I imagine Abbott has the same for Libre.
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u/Ch1pp Type 1 Aug 04 '24 edited Sep 07 '24
This was a good comment.
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u/seiyria T1 2016 MDI Freestyle Libre Aug 04 '24
If you did, you'd know that no level of "aggressive fiddling" would let you turn off the urgent low alarm nor customize the sound effects.
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u/starrmommy41 Aug 04 '24
The alarms cannot be turned off unless the phone is off. The alarms will sound even if the phone is in airplane mode.
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u/SupportMoist Type 1 Aug 03 '24
Absolutely illegal. It’s not a phone in this context, it’s a medical device. Refusal to accommodate a medical device is not legal in the US. It’s the same if they told someone they don’t allow wheelchairs. I’d call the owner/head of management and explain what happened. Their staff was probably trained to absolutely disallow phones without understanding medical accommodations.
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Aug 03 '24
I would think they’re in the wrong. Dexcom just needs Bluetooth right? You could literally turn off your WiFi and cell service and it would essentially just be a reader for your cgm.
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u/j_itor Aug 03 '24
And a camera, which I'm guessing is what they care about.
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u/therealcatladygina Type 1.5 Aug 03 '24
This. Offer to. Cover the camera with some tape
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u/deekaydubya T1 2005; A1c 6.4 Aug 03 '24
OP doesn't have to do that, though. Don't make concessions OP, they have absolutely no reason to deny your phone
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u/Realistic_Ad3795 Aug 03 '24
To be fair, we have no reason yo have a camera in a gym. It isn"t a concession, it literally covers their issue while also covering our need. It is probably the working definition of "reasonable accommodation."
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u/frytanya Type 1 1994 G7 T:Slim x2 Aug 03 '24
Call and ask to speak with the manager and explain to them that your phone is a medical device. If they still refuse tell them to look up the ADA since businesses are required to follow it if they are open to the public and policy changes are listed as a possible accommodation.
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u/Winter_Diet410 Aug 03 '24
Its illegal, but in florida, who knows if a judge will follow the ADA. Find a lawyer who will pursue it for a cut of the settlement.
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u/Euphoric_Carob_1760 Type 1 Aug 05 '24
ADA is federal. Perhaps the governor can explain this and many other Florida issues. (I love visiting, but dang, some weird stuff happens with him).
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u/Winter_Diet410 Aug 05 '24
Yep. It goes to the courts and eventually to the SCOTUS. That gives the current batch the golden opportunity to declare the ADA moot, completing a full row on a GOP bingo card. I mean, its going to happen. Just a question of when, and which tinpot state governor kicks the process off.
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u/angelirebeli Aug 03 '24
I’d go back there with paperwork from your doctor and the ADA outlining that they need to accommodate you under federal law. Ask to speak with the manager. This is an opportunity for you to educate so that this does not happen to others here.
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u/SerialWaif Aug 03 '24
I agree they need corrected and the staff needs better training, this is just a learning moment for everyone. I think it’s very important they not do this to other diabetics or people who wear CGM’s in general
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u/marji80 Aug 03 '24
It's illegal, as others have pointed out. Make the request again, in writing, maybe with an explanation from your doctor about the way the phone is a medical device in this case. Ask for their reply in writing by a specific date. Often in this type of situation, they will back down if asked to put their denial in writing. If you happen to know a lawyer, it's not a bad idea to cc them on the letter. Bring the letter in and ask to hand it in person to the manager.
If that doesn't work and you are going to need to bring a legal action, I'd call the American Diabetes Association to see if they can give you some support. When my son, who has T1, was in high school, we were getting a lot of pushback on accommodations and the American Diabetes Association was very helpful -- they even had someone from their office on disabilities who was going to fly in for a meeting with the high school with me, but the school backed down before the meeting happened.
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u/4thshift Aug 04 '24
What is the general reason why phones are not allowed? Because you'll be distracted, or talking on the phone? Or you will be making noise and taking away from their being in the Zone? Taking video?
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u/MindlessRip5915 T2 2021 (Janumet, Optisulin) Aug 03 '24
Legally, they have to accept you subject to reasonable accomodations. They could for example require you to leave your phone on the floor near where you are so that medical alarms can fire but you can’t use it for recording. The ADA takes a very aggressive yet commonsense approach, anyone who pulls the “yeah but you could…” card is full of it - the accomodation is always on the service provider’s part, not the individual. Individuals are meant to be able to participate without having to do things differently.
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u/NinjaGuppie Aug 03 '24
Just don't tell them you have a cell phone. Put it on vibrate and do your class.
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u/Kathw13 Aug 03 '24
That was my classroom policy. We were a no phone school but if I couldn’t see it or hear it, we were good.
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u/GuitarHeroInMyHead Type 2 - Metformin/Jardiance/Mounjaro Aug 03 '24
Remind them of the ADA and that allowing a phone to be near you is the textbook definition of a "reasonable accomodation" and that unless they want a claim filed with your county attorney, they best reconsider.
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u/AdventurousSeaSlug Aug 03 '24
I honestly don't know the answer to this but would an Apple Watch work?
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u/VirusUnusual Aug 04 '24
PUSH THAT SHIT. You're covered by the American disability act, babe. They have no right to deny your medical equipment. I’ve threatened to sue places over this same policy. It doesn’t feel good to have to go that far to advocate for my life-sustaining medical equipment, BUT it feels even worse to be turned away under incompetence.
You are your best advocate.
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u/sshivaji Aug 03 '24
I have all alerts and glucose readings synced to my Samsung Galaxy watch. More convenient too.
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u/GalacticSail0r Aug 03 '24
Why not use the reader that came with your Dexcom?
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u/Jodi4869 Aug 03 '24
You can’t go back and forth. They use their phone as the reader so that is the medical device.
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u/GalacticSail0r Aug 03 '24
So you have to choose either one? You can’t have both the reader and the phone?
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u/Ok-Zombie-001 Aug 04 '24
Yes you can.
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u/GalacticSail0r Aug 05 '24
Then why is this guy saying you can’t?
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u/Ok-Zombie-001 Aug 05 '24
Because she’s a fucking idiot. The controller is a medical device and the cell phone is a smartphone. The dexcom can talk to both of those channels at the same time.
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u/Flaky_Dot_6294 Aug 05 '24
This is true if not on a pump. I’m on G6 and it will only pair with two- pump and phone or pump and receiver.
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u/Ok-Zombie-001 Aug 05 '24
It wasn’t asked if a pump was being used. In general, you can switch back and forth between the receiver and the phone.
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u/Flaky_Dot_6294 Aug 05 '24
Yes- you are correct as I mentioned. I just thought I would state the other for those not in the know and maybe considering a pump in the future.
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u/Ok-Zombie-001 Aug 05 '24 edited Aug 05 '24
You can actually connect to the controller even on a pump. It just won’t communicate with your pump while it’s connected to the controller.
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u/r0ll3rb0t Aug 03 '24
Your Dexcom stores data for 3 hours. Unless your class is longer than that you can go without your phone. Also the Dexcom has a receiver, you could always bring that and use it.
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u/Soranic Non-diabetic parent of T1 Aug 03 '24
Dexcom stores data for 3 hours
So?
That doesn't help if they start going low and don't have the paired phone available to read it.
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u/noburdennyc Type 1.5 Aug 06 '24
You'll know if you start to go low, the cgm/phone is merely a tool, Keep some glucose tabs or similar close by if you start to go low.
I am willing to bet that OP isn't the only diabetic person in the class, what do they do?
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u/That-Caterpillar3913 Type 1 / Tandem X2 / Dexcom G7 Aug 03 '24
The phone is the receiver and the time it takes for that class can mean the difference between a safe experience and a hospital stay or death.
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u/Soranic Non-diabetic parent of T1 Aug 03 '24
Also, the dexcom only talks to 2 devices. If they have a pump it won't be able to talk to the receiver.
And no guarantees that won't also be banned.
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u/noburdennyc Type 1.5 Aug 03 '24
Bs class rules aside.
I am also fairly new to being type one. At first you think you always need your dexcom and phone nearby. But its not always possible. Its good to be able to recognize the symptoms of low blood sugar with out a phone alert. Its also ok to not have it. Say you want to swim you dont need your phone ina waterproof case around your neck, though that is an option.
A few tips ive figured out for exercise. I like to bike, personally.
Avoid any insulin at least 2 hours before. Be at a steady 140-160 bg/ml at the start, fuel 15g carbs per hour as a baseline depending on effort, keep glucose tabs or your preferred carb close by, +1 more just in case.
I also setup my dexcom to alert me when dropping below 90 so i can keep fueled up. You can have two alert profiles.
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u/That-Caterpillar3913 Type 1 / Tandem X2 / Dexcom G7 Aug 03 '24
As you will learn in time and in reading other experiences on here, you will see that not everyone is you. Not everyone gets signs they are going low until it’s too late and a blackout or unconsciousness occurs. That Dexcom device is what keeps them from experiencing the blackout/unconsciousness and having 911 called.
What works for you at the gym won’t work for all and won’t work for you every day you are diabetic.
The point of the ADA is so that people with disabilities don’t have to make accommodations for every other person out there that wants to dictate what we can and can’t do especially with something that can kill us if we make the concession to appease the masses who have zero understanding of what they are asking of us.
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u/blankethordes Aug 03 '24
Not everyone goes low with exercise. Cousin dealt with blood sugar rising when she played sports in school. She had to frequently prick during games/meets. This back before CGM's were available.
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u/That-Caterpillar3913 Type 1 / Tandem X2 / Dexcom G7 Aug 03 '24
I don’t believe I stated that everyone goes low during exercise. I experience both as diabetes isn’t a one size fits all nor, as I stated, is it a one size for every day.
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u/marji80 Aug 03 '24
As others point out, hypo unawareness is a real thing and a CGM helps keep people safe. There is no need to mute an alarm for a medical device in a place where users are legally permitted to have with them in a functioning, operational mode.
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u/wylde06 Type 1 Aug 04 '24
Sometimes I start to feel low at 85 and other times I dont feel it until it could be a big problem. During exercise, especially cycling, it's even more of a problem.
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u/Ch1pp Type 1 Aug 03 '24 edited Sep 07 '24
This was a good comment.
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u/Ok-Zombie-001 Aug 03 '24
Technically, you weren’t denied service. They told you their policy. And it wasn’t something you were willing to follow.
As for legality, I’m not sure. The ADA says accessibility, but I’m not sure if they have to accommodate your need for your phone.
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Aug 03 '24
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u/Most_Ambassador2951 Aug 03 '24
Honest question, and not arguing(really wondering as I use my phone for my dex). Why would it not be considered a reasonable accommodation if the facility were to say "we can't allow the phone but we can allow them to stop and check their glucose at anytime, or leave to take care of it at anytime".
That was the issue I had at work, not able to have phone or reader with me in certain areas, but through the process it was determined they had to allow me to leave that Area anytime to check, which ultimately ended with the company allowing me my devices because me wandering out of the area left them out of compliance with mandatory ratios a few times(it was a huge ordeal that took months and legal involvement - essentially the wording was yes, they had to accommodate, no, they did not have to accommodate with most current technology, as long as i was allowed to check glucose any time necessary).
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Aug 03 '24
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u/Most_Ambassador2951 Aug 03 '24
That was the thing though, per the DOJ and also we consulted with askjan, they only have to allow a person a place and time to check blood sugar, it does not have to be your preferred method.
Same with a SD, there are actually places they can be banned from legally. Handlers have to be accommodated still though, just in a different way(allow a blind handler to have an escort if they wish).
"Employers also do not need to provide an employee's preferred accommodation as long as the employer provides an effective accommodation."
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u/HellsTubularBells Aug 03 '24
They have to make a reasonable accommodation that still meets the needs of the job. What that looks like varies depending on the situation. It sounds like your case had a lot of regulatory requirements that your accommodation had to thread and so being able to leave the area occasionally was the most reasonable solution.
I would argue (and I'm not an expert in this area) that making someone give up continuous monitoring capabilities and have to go somewhere else to check their blood sugars is not generally reasonable. For example, an employer with a "no cell phone" policy could make an exception if the employee agreed to only use it for CGM while on the clock.
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u/Most_Ambassador2951 Aug 03 '24
The only regulatory issue in that area was ratios. 1:6(staff to clients). The company ran it tight on the ratio and had to shift people around to cover breaks. It was simply the manager being an issue, she did allow others to carry their phones "special circumstances"(sick kid type thing). Per askjan though they do not have to accommodate per your preferred, they do have to allow you to check anytime. That was one of several reasons I left that place. Much better place i work at now
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Aug 03 '24
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u/Ok-Zombie-001 Aug 03 '24 edited Aug 03 '24
Yes, per the ADA, they have to provide some sort of reasonable accommodation, but that does not necessarily mean that they have to allow OP to have their cell phone on them. Which is why I said I don’t know for sure if what they did is illegal or not. There are safety and privacy concerns allowing a cell phone.
OP did not ask for clarification on whether they would be able to accommodate in some other way. They also didn’t specify if this was an ill informed employee or someone in management. All of which makes a difference. They, per their own words, were too embarrassed to ask if there was anything else that could be done.
The ADA doesn’t make every denial illegal.
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Aug 03 '24
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u/DogKnowsBest Type 2 Aug 03 '24
They're just dumb.
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u/Ok-Zombie-001 Aug 03 '24 edited Aug 03 '24
😂😂😂No, I’m actually not. I just know that “but the ADA…” doesn’t make every time a diabetic is denied something, illegal.
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Aug 03 '24
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u/Ok-Zombie-001 Aug 03 '24
No, I’m not.
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Aug 03 '24
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u/Ok-Zombie-001 Aug 03 '24
No, just well informed. Like I said, recently had to deal with ada accommodations and lawyers. But sure. You know better than a lawyer whose whole job is this kind of stuff.
If the gym is able to offer a reasonable alternative to OPs phone being on their person, they can give that.
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u/HintOfDisney Aug 03 '24
If the phone is a medical device in which cause it is, they definitely have to accommodate you.
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u/Ok-Zombie-001 Aug 03 '24
There are other ways to accommodate besides letting them keep their phone on them.
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u/HintOfDisney Aug 03 '24
How then? If the phone has to be close to their sensor to get results and have them monitor it, how can you remove the phone and still track? Not everyone has the reader, not everyone's insurance covers the reader (only the sensors) and not everyone is blessed with the money to buy it out of pocket.
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u/Ok-Zombie-001 Aug 03 '24
It just has to be within 25 feet. The device can be placed somewhere central and within that range but still not physically be on the person.
I just went through this with my work.
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u/HintOfDisney Aug 03 '24
The employee said it would have to be kept in the locker What if the locker is more then 25 feet away? What if an alarm goes off letting them know their hypoglycemic and won't know because the phone is out of the room
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u/Jodi4869 Aug 03 '24
No there isn’t. The deacon is hooked to the phone and nothing else. No other way to accommodate that.
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u/Ok-Zombie-001 Aug 03 '24
There is.
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u/Jodi4869 Aug 03 '24
How? Enlighten us.
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u/Ok-Zombie-001 Aug 03 '24
I’ve already said it several times. Read.
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u/Jodi4869 Aug 03 '24
No you haven’t. Nothing you have said is a reasonable accommodation. Go die on a hill somewhere else because it isn’t here. You are completely wrong.
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u/Jodi4869 Aug 03 '24 edited Aug 04 '24
Nope. There isnt another valid way.
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u/Ok-Zombie-001 Aug 03 '24
😂😂😂 there are. Several ways, actually. I do it every day.
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u/Jodi4869 Aug 03 '24
So tell us how you use your dexcom that is attached to your phone without a phone.
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u/med8cal Aug 03 '24
Private company. They can deny you service because they don’t like the color of your hair.
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u/Informal_Meeting_577 Aug 04 '24
Not sure why you are being downvoted, but this is my understanding as well. I understand the need to make exceptions in the case of disabilities, but we all know all too well that people will lie about shit all the time, and it's either a "everyone follows the rules" or no-one does.
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u/DueStatistician3704 Aug 03 '24
Under ADA, you have the right to reasonable accommodation.