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Obesity

msmithmsmith 8 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
First question. Is obesity covered under the ADA. Now that I have that question out of the way I'll tell you about my problem. I have an employee that has a weight problem and my VP is on a mission to help this person whether he wants it or not. I would like to here any suggestion you have as to how we could go about helping this individual and can we require that he/she gets help.
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  • Mike Maslanka TXMike Maslanka 236 Posts
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    if it's morbid obesity,the answer is probably yes...take a look at a case from new england,at 10f.3d 17,it talks about the definition...i think you may have a bigger problem with a percived as disabled claim if your boss is going to stereotype overweight peolple in terms of what they can or can't do...the case(which is from the 1st circuit also talks about this)...ans,frankly,while you can provide a supportive environment for him,he's the only one who can change himself...i tell you this as a lawyer and as a person...regards from texas,mike maslanka,214-659-4668...ps the company lost the case above and had to pay out $100,000 for a percived disability claim--perhaps that will temper the boss's interest...good luck
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  • dhnyctdhnyct 155 Posts
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    The question is whether obesity affects the person's ability to perform the essential job functions. If so, it could be treated as a performance issue.
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