The American Medical Association (AMA) officially announced last year that obesity is a disease. As such, employees with the said condition are likewise protected under the Americans with Disabilities Act (ADA). Although before, obesity is only considered a disability if it is a result of an underlying health condition like diabetes; otherwise, it is a lifestyle choice.
Obese employees are now protected under employment laws on both federal and California levels, including the ADA and the Fair Employment and Housing Act (FEHA), especially if their conditions substantially limit their ability to exercise a major life activity, such as walking, bending, sitting, and the like. Therefore, the laws provide covered employers to dutifully make reasonable accommodations to allow employees with obesity to perform the significant functions of their jobs.
For employers to do so, they must be able to engage themselves in an interactive process with their employees. For example, if the obese employee calls the attention of his or her employer and asks for a change in his or her work due to his disability, then it is the obligation of the latter to provide the accommodation, especially if there is knowledge of the former’s inability to perform his or her tasks. The employer may not refuse the employee a certain accommodation, but may only do otherwise if it poses undue hardship.
Basically, the process of providing reasonable accommodations for employees with obesity is no different from that of other employees with disabilities. Meanwhile, below is the list of some of the viable accommodations that employers covered under the prevailing laws must provide to obese employees:
Obese employees are now protected under employment laws on both federal and California levels, including the ADA and the Fair Employment and Housing Act (FEHA), especially if their conditions substantially limit their ability to exercise a major life activity, such as walking, bending, sitting, and the like. Therefore, the laws provide covered employers to dutifully make reasonable accommodations to allow employees with obesity to perform the significant functions of their jobs.
For employers to do so, they must be able to engage themselves in an interactive process with their employees. For example, if the obese employee calls the attention of his or her employer and asks for a change in his or her work due to his disability, then it is the obligation of the latter to provide the accommodation, especially if there is knowledge of the former’s inability to perform his or her tasks. The employer may not refuse the employee a certain accommodation, but may only do otherwise if it poses undue hardship.
Basically, the process of providing reasonable accommodations for employees with obesity is no different from that of other employees with disabilities. Meanwhile, below is the list of some of the viable accommodations that employers covered under the prevailing laws must provide to obese employees:
- Changes on where or when the employee can work. The employer may allow the employee to work reduced hours or be given additional rest breaks. Depending on the employer, it may also allow the employee to work at home, so long as the latter has the necessary equipment for him or her to perform his or her tasks.
- Changes on how the employee’s work is performed. The employer may allow the employee to be reassigned to a vacant position in the workplace. Also, the employee may also be reassigned to perform some of the non-essential functions of his or her position.
- Changes to the employee’s office setting. If the employee has a hard time sitting comfortably in his or her chair, the employer may provide him or her with a larger one in an effort to reduce fatigue.
If, however, the employer deliberately refuses to give the obese individual the necessary accommodations, it is already a violation of the laws, more so if there is discrimination involved. The victim may file a charge against his or her employer with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). Alternately, it is also imperative to seek the expertise of a Los Angeles employment discrimination lawyer.
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