The American Medical Association (AMA) has recently chosen to
classify obesity as a disease instead of a medical condition. This new classification may have implications
for all employers. Now carrying the
label of disease, obesity suddenly becomes a major risk liability for employers
on many different fronts. Employers now
must better understand what this means vis-à-vis the ADA Amendment, federal disability law and the Equal
Opportunity Employment Commission (EEOC)law suits. And keep in mind that since one third of all
Americans are considered obese, with another one third considered overweight,
this dramatically increases the number of people that can now be recognized as
disabled with rights under the 2008 amendments to the Americans with
Disabilities Act.
In defense of this new classification, the AMA says that
recognizing obesity as a disease will likely help change the way the medical
community tackles this very complex medical issue. And this could offer hope to those that
suffer from this disease. And while the
AMA’s new definition does not carry the force of law, it might make it easier
for an obese employee to argue that he or she is disabled. Disability law says that an impairment is
something that affects a major life function.
This could include walking or sitting.
Next up is the EEOC. Will they
change their definition of disability to include limitations caused by
obesity? Currently their definition of disability due
to obesity is limited to the category of morbidly obese.
One more area of concern for employers is the federal
disability law. Under this law,
employers’ actions in dealing with an obese employee could come back to haunt
them. An employee who isn’t morbidly
obese and who isn’t limited in any major life functions might still qualify as
disabled if the employer treats him or her as impaired. A worker who is passed over for promotions or
hiring because of obesity, may be able to show that he was denied work because
the employer acted in a way that indicated that the employer considered him
impaired.
So what should a business owner do to protect the company
from the risk of lawsuits and disability claims due to obesity? Start by getting a clear understanding of
whether or not your company falls under the rules of the ADA amendment. If so, then keep in mind that by their
definitions, you may have a disabled person working for you and you may need to
modify the work environment to accommodate them. Next, remember that if you don’t treat the
person as disabled in terms of the work that you give them or the promotions
that they receive, then you will have made a step in the right direction in
terms of making it harder for them to prove that they are disabled because of
the way that they are treated in your company. And if you don’t carry workers
compensation insurance, then get that taken care of immediately. Last
of all, make sure that you have purchased and have in force, an Employment
Practices Liability Insurance(EPLI) policy and be sure that your protection
provided by this insurance policy will extend to discrimination against
obesity. Treat all of your employees
fairly in all hiring, firing and promotions, without regard to physical
attributes and you will have gone a long way toward protecting your
business. But bear in mind that you must
stay on top of changes to rules and definitions like this or you may suffer
damages for ignoring them.
At Clinard
Insurance Group, located in Winston Salem, NC, we insure thousands of
businesses all across North Carolina, South Carolina, Georgia, Tennessee and
Virginia. We want all insurance buyers
to be educated and informed consumers. If
you would like to discuss an Employment
Practices Liability Insurance (EPLI) policy, or any other insurance need
for your business, please give us a call.
We will take as much time as you need to help you understand your risks
and your options for insurance protection.
You can reach us, toll free, at 877-687-7557.
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