Articles Posted in Discrimination and Unlawful Harassment

About two years ago, the EEOC sued a Texas company, alleging that the company engaged in disability discrimination, in violation of the Americans with Disabilities Act, when it fired a 680-pound worker because he was morbidly obese. The EEOC alleged that the employee’s immense weight interfered with his ability to walk, stand, kneel, stoop, lift and breathe. Consequently, he was disabled, as defined under the ADA.

Since then, at least one court has recognized that morbid obesity may be a disability, while another court held that, under state law, morbid obesity is not a disability. It was right around this time that the American Medical Association adopted a new policy that officially labels obesity — not morbid obesity, but obesity — as a disease.

So how does employee obesity impact employers under the ADA? 

Kolja Vraniskoska worked as an Environmental Services Technician for Franciscan Communities, Inc., a nursing home. Ms. Vran– (eh, let’s go with Ms. V) — had several responsibilities as an ES Tech, one of which was pushing and unloading a linen cart. Franciscan required that each ES Tech take a linen cart stocked with fresh linens and transport it from the laundry to their unit by pushing or pulling it down the hall. During the day, the linen cart remained stationary as the ES Tech took fresh linens from the cart. At the end of the day, the ES Tech had to push the linen cart back to the laundry. Transporting the linen cart took approximately fifteen minutes each day.

Ms. V gets hurt

During the course of her employment, Ms. V suffered a wrist injury. Initially, during recovery, her doctor advised that Ms. V should not use her left hand at all. So, Franciscan allowed Ms. V to perform light duty. Eventually, Ms. V’s wrist improved to the point where should could lift up to five pounds. But, her condition never improved. So, Franciscan, which had a policy of providing temporary light duty during recovery, told Ms. V that she had 45 days in which to find another suitable position within the company, or be fired.

Imagine, if you will, that two years ago you hired Amanda Bynes to be your Social Media Manager. Things are going pretty smoothly, until your customers begin complaining that company’s Twitter feed has gone from informative and witty to curious and more-or-less bizarre.

After reviewing the tweets for yourself, you wonder whether you picked the wrong week to quit sniffing glue Ms. Bynes is fit to perform the job of Social Media Manager. One tool in your arsenal is a fitness-for-duty evaluation with a medical provider.

But if you send Ms. Bynes for this test, she fails, and you end up firing her, does that mean that you have violated the Americans with Disabilities Act?