Course Details

Obesity: An ADA-Covered Impairment Or Not? How To Practically Manage Your Legal Obligations

Webinar: ID# 1036937
Recorded On-Demand
About This Course:
Is weight bias unlawful under the ADA? Maybe, maybe not. But, at a minimum it could fuel a case of harassment, wrongful termination, or some other potentially costly employment claim if you aren't careful.

Recently, many lawsuits have arisen across the country alleging adverse employment action on the basis of weight. For instance, the Washington Supreme Court just ruled that obesity is always an impairment under that state's anti-discrimination law, whether it's related to an underlying medical condition or not.

And, with the Centers for Disease Control and Prevention reporting that nearly 40 percent of American adults are obese, now is the time to learn the circumstances under which obesity is protected under the Americans with Disabilities Act (ADA).

While some courts have ruled that obesity alone is not a protected disability under the ADA, the Second, Sixth, Seventh, and Eighth U.S. Circuit Court of Appeals have found that obesity may be protected under the ADA if it's caused by an underlying disorder. And, the Fourth Circuit may soon answer the question, too.

With more and more federal circuits chiming in on this issue, you can't afford to wait to learn the risk of a legal misstep when it comes to recognizing when an obese applicant or employee may be entitled to a reasonable accommodation under the ADA.

Join us for an all-new webinar when Attorneys Jonathan Mook, a national authority on the ADA, and Stacey Rose Harris, will explain how to evaluate when obesity generally entitles an employee or job applicant to a reasonable accommodation under the ADA and how to avoid weight bias and disability harassment claims.What You'll Learn:
  • Recognize the practical impact recent federal court rulings have on how to analyze whether obesity is a covered disability under the ADA
  • Respond if an employee or job applicant's morbid obesity raises concerns about his or her ability to safely perform essential job functions
  • Ensure that job requirements are tailored to reflect each position's specific needs
  • Evaluate the reasonable accommodation(s) an obese individual may be entitled to-and examples of unreasonable accommodations and those that could cause an undue hardship for the organization
  • Avoid "regarded as" disability discrimination claims related to weight by ensuring legally sound employment decisions-and by choosing your words carefully when communicating about those decisions
  • Train supervisors, managers, and the workforce in general to refrain from conduct that could breed disability harassment claims
Obesity: An ADA-Covered Impairment Or Not? How To Practically Manage Your Legal Obligations
or via On-Demand
Course Details
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