Obesity is an epidemic in the U.S., that part isn’t in doubt. But the question for employers is whether it qualifies as a disability under labor and employment law. “As an ongoing case in Nebraska shows, this is an area for employers to tread lightly,” says Felicia O’Connor of Foley & Lardner.
The case revolves around a job applicant who was given a conditional offer of employment at BNSF Railway Co., subject to passing a physical exam. At the exam, doctors determined the hiree was morbidly obese and the company reneged on the offer. O’Connor says they cited company policy stating the applicant wasn’t qualified because it was a “safety sensitive” job and due to the obesity he had significant health and safety risks.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
