Obesity and the ADA: How to Insulate Your Organization from Potential Liability Following Recent AMA Classification
|Date / Time:
According to the Centers of Disease Control and Prevention, one-third of adults in the United States are obese. The CDC also reports that many serious health conditions, such as heart disease, stroke, type 2 diabetes, and cancers, are associated with obesity. Although this is a serious epidemic and cause for concern, how does this affect employers?
In June 2013, the American Medical Association officially voted to classify obesity as a disease. While this classification doesn't have legal weight, it provides support for individuals arguing that obesity should be considered a protected ADA disability - which could open the door for discrimination claims.
The Equal Employment Opportunity Commission appears to take the position that morbid obesity may be a disability, as evidenced by the settlements it has obtained on behalf of individuals who struggle with being severely overweight.
The EEOC's desire to pursue lawsuits against obese individuals allegedly discriminated against on the basis of their weight, coupled with the AMA's recognition of obesity as a disease, could signal a major change in how the courts interpret obesity as a disability under the ADA. For these reasons, it's crucial for you to be up to date on the latest trends and regulations so you can keep your organization in compliance going forward.
Participate in this interactive webinar, and you'll learn:
In just 90 minutes, you'll get up to date on the AMA's recent classification of obesity as a disease and how that could impact your obligations under the ADA. Register now for this informative event risk-free.
- Statistics about the number of Americans struggling with being overweight and obesity-related issues
- The estimated annual cost of obesity
- How weight bias is defined generally
- Specific examples of weight bias in the workplace
- Examples of the types of medical issues obese employees may face
- How the AMA reached the conclusion that obesity should be classified as a disease, and how this development could change the playing field going forward in terms of insurance coverage and weight-based discrimination
- Key legal issues surrounding obesity in the workplace
- How the legal definition of a "disability" differs from the medical one
- What impact the AMA's designation of obesity as a disease could have on how the ADAAA is interpreted with respect to obese employees
- How to gauge the reasonableness of accommodations obese employees may seek, including the potential obligations to alter the workspace to accommodate larger employees
- How to address safety concerns related to obese employees
- Whether obesity is likely considered a serious health condition under FMLA, and how to address the day-to-day challenges that may arise when an obese employee needs time off for medical treatment
- Legal factors involved in developing weight loss programs as part of your wellness plans
About your presenters:
Ethan Lazarus, M.D. , specializes in helping individuals with weight problems lose weight and live happier, healthier lives. He is board certified both by the American Board of Obesity Medicine and by the American Board of Family Medicine. He is an active member of the American Society of Bariatric Physicians (ASBP) and serves as their delegate to the American Medical Association (AMA). In this role, he advocates for recognition of obesity as a medical problem, educating and avoiding the stigmata associated with obesity, and to improve prevention, recognition and treatment strategies for overweight and obese individuals. He also serves as an educator to physicians and is a frequent lecturer at area hospitals and nationally providing continuing medical education on various obesity-related topics including teaching about weight bias, quality improvement in a bariatric practice, and nutrition at the obesity medicine review course offered by the ASBP twice a year to physicians around the country.
Attorney Jonathan Mook is a founding partner in the firm of DiMuroGinsberg. Mr. Mook is a nationally recognized authority on the Americans with Disabilities Act and is the author of two treatises published by Matthew Bender Company, Americans with Disabilities Act: Employee Rights and Employer Obligations and Americans with Disabilities Act: Public Accommodations and Commercial Facilities. He lectures nationally on the Americans with Disabilities Act and other employment law topics. Mr. Mook is a member of the Editorial Board of Bender's Labor and Employment Bulletin.
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This presentation is also available in a recorded format, in CD version, as shown in the pricing options below.
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 1.5
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||BLR® is the leader in helping organizations, and their employees, reduce safety, environmental and employment compliance-related legal exposure, stay on the right side of law, and achieve their full potential. We offer best-in-class compliance product and services that includes news, information & analysis, best practice guidance, employee training and turn-key tools delivered in a wide range of formats from online applications, live events and websites to books, CD's, Video, Posters and newsletters geared to all sized organizations and industries.
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|Keywords For This Course:|
ADA, obesity in the workplace, disability discrimination, Americans with Disabilities Act, ADAAA, ADA Amendments Act, AMA, American Medical Association
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