Obesity: a disease

Remember your obligations under the Americans with Disabilities Act

This past summer, the American Medical Association (AMA) officially designated obesity as a disease. This announcement may have significant legal consequences for employers because obesity now may be considered a disability for purposes of the Americans with Disabilities Act (ADA), particularly in light of the 2008 ADA Amendments Act (ADAAA), which greatly broadened the coverage under the statute and promoted a less restrictive interpretation of the disability definition.

If obesity is a disability, you will be required to provide reasonable accommodations to obese individuals to assist them with performing their essential job functions.

Background

The ADA prohibits employers from discriminating against a "qualified" individual with a disability because of that disability with regard to various aspects of employment. To establish a discrimination case under the ADA, a plaintiff must show he or she is disabled; is a qualified individual; and was subjected to unlawful discrimination (or an adverse employment action) because of the disability.

Log in or register for FREE access to this article and other Professional Roofing online content.

Not a professionalroofing.net user?

Register now for free access
  • Full access to every article
  • Online Web exclusive information
  • Photo gallery
  • Breaking news
  • Online classified ads

Already a professionalroofing.net user?

User name:

Password:

 


Forgot Your Password?