Accommodating Obesity As A Protected Disability: How To Avoid Weight Discrimination Claims
|Date / Time:
A Yale study revealed that weight discrimination occurs in the workplace as often as racial discrimination. Even more disturbing, the EEOC sued an employer, claiming it violated the ADA Amendments Act by firing a worker because she was obese.
So does that mean obesity is now considered a disability?
Interpreting the ADA Amendments Act, the EEOC is taking the position that firing someone because she is obese is unlawful discrimination based on new definitions for certain impairments. The act expanded the ADA's definition of "major life activities" to include walking, reading, bending, and communicating. It also expanded the list of major bodily functions, such as immune system and brain function.
This new development is a game-changer for employers and can lead the way to weight-based discrimination claims.
Participate in this interactive webinar, and you'll learn:
- What it means - day-to-day management and legal terms - for employees to be considered overweight, obese, or morbidly obese
- Why obese employees may be entitled to disability discrimination protection now more than ever
- What steps you can take to prevent weight-motivated discrimination and harassment, from your hiring and promotion decisions to compensation and leave policies
- How to deal with obese employees' requests for accommodation and when it's legally permissible to deny accommodation
- The legal dos and don'ts of using wellness programs to reduce obesity in your workforce, especially if you use financial incentives to encourage participation
- Your legal obligations when you discover weight-motivated bullying or harassment on the job
- The questions you should always ask before you discipline or terminate an obese employee
- And much, much more...
In just 90 minutes, you'll learn how to avoid weight discrimination claims under the ADAAA. Register now for this interactive event risk-free.
About your Speaker:
Attorney Kristine E. Kwong is a partner in the Los Angeles office of law firm Musick, Peeler &Garrett, LLP. She advises and counsels clients on a wide range of business and employment issues, including disability claims and accommodations, wage and hour matters, noncompete and restrictive covenant agreements, executive compensation packages, and other legal concerns for employers. In addition, her practice includes the drafting and updating of handbooks, policy manuals, codes of conduct, and severance packages, and she regularly produces and presents training programs for employers on current issues of employment law.
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All US States: 1.5
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