In this instance, asking the employee questions about her diabetes would violate the Americans with Disabilities Act. An employer may ask an employee about his or her diabetes when it has a reason to believe that the employee may pose a “direct threat” to the employee or others. However, the employer should make sure that its safety concerns are based on objective evidence and not general assumptions.

Although many people believe that individuals with diabetes should never eat sugar or sweets, this is a myth. In this situation, the owner cannot ask the teacher any questions about her diabetes because she does not have a reasonable belief, based on objective evidence, that the teacher is posing a direct threat to the safety of herself or others.

Source: EEOC Fact Sheet: Questions and Answers about Diabetes in the Workplace and the Americans with Disabilities Act, reproduced at CCH HUMAN RESOURCES MANAGEMENT, Equal Employment Opportunity ¶202A.