Scheduling
Time & Attendance
Forecasting
HRIS
Payroll
Task Management
Performance Management
Employee Engagement
Legal
By Jon Hyman
Jun. 20, 2013
News broke yesterday that the American Medical Association voted to re-classify obesity from a condition to a disease.
Conventional wisdom has been that normal, run-of-the-mill obesity, unlinked to an underlying medical condition such as diabetes, is not a disability protected from discrimination by the Americans with Disabilities Act.
This decision by the AMA, however, will likely flip that conventional wisdom on its head. The ADA, as amended in 2009, is so broad that it covers virtually any diagnosed medical condition as a “disability.” Now, employers will have to consider reasonable accommodations for anyone with a body mass index of 30 or over. Also, anyone who appears to have that BMI will have potential protections from terminations and other adverse actions related to that perceived “disease.”
While this expanded coverage of the ADA is problematic, this issue raises a deeper, more troubling problem. The goals of the ADA are commendable. Yet, as we expand the ADA to cover non-traditional medical conditions, a backlash is inevitable. Protecting the unworthy will erode the desire to protect the worthy. Every time an overweight worker sues for disability discrimination will cost those suffering from illnesses that deserve to be protected.
Congress was correct in amending the ADA to restore the original intent of the statute. Obesity protections, however, illustrate that perhaps those amendments went too far.
Schedule, engage, and pay your staff in one system with Workforce.com.
Staffing Management
4 proven steps for tackling employee absenteeismabsence management, Employee scheduling software, predictive scheduling, shift bid, shift swapping
Time and Attendance
8 ways to reduce overtime and labor costslabor costs, overtime, scheduling, time tracking, work hours
Don't miss out on the latest tactics and insights at the forefront of HR.