If an overweight employee requests an accommodation, does the ADA require us to grant it?
Quick Answer
If the employee’s obesity results from a physiological disorder or otherwise qualifies as an actual disability under the ADA, the employer must engage in an interactive process to determine whether a reasonable accommodation is available.
Legal Perspective
Squire Patton Boggs
Phoenix, Arizona
Whether obesity is considered a disability has been hotly debated in various courtrooms, says employment law attorney Melissa Legault of the firm Squire Patton Boggs.
Employers should always exercise caution before ruling out obesity as a disability. At least one court has ruled obesity by itself could be enough to be considered a disability under the ADA. However, most courts have ruled obesity must be caused by an underlying disorder to be considered a disability eligible for an accommodation.
Relevant Case Law
Richardson v. Chicago Transit Authority
Morriss v. BNSF Railway Co.
HR Insight
Coffman Truck Sales Inc.
Aurora, Illinois
If it’s within a reasonable accommodation, yes, says Diane Zimmerman, a General Manager in Illinois. For example, providing an adequate chair – yes. Remodeling to provide an elevator when and assuming workspace is available on the main floor – probably not. The key is reasonableness and not undue hardship.
Mackenzie
Portland, Oregon
Maybe, if it’s caused by a medical condition that is causing the obesity, and an accommodation is recommended by their care provider, says Barb McCullough, a Director of HR in Oregon.
Highland Roofing Company
Wilmington, North Carolina
Not typically, says Shari Leon, an HR director in North Carolina.
Unless there’s an underlying medical condition, obesity is not covered by the ADA. If there is a medical condition present, you’d need to start with a doctor’s note that includes the employee’s limitations.
You’ll follow that with an interactive discussion with the employee regarding their accommodation requests and the company’s ability to meet those requests.
The Cost of Noncompliance
Obesity and the ADA: Employer pays $125K to settle EEOC’s discrimination claim
Who was involved: Resources for Human Development, Inc., a New Orleans-based treatment facility for chemically dependent women and their children, and a prevention/intervention specialist with severe obesity.
What happened: The EEOC alleged that the employer violated the ADA by firing the employee because of her severe obesity. The agency maintained that the employee was able to perform the essential functions of her job despite her severe obesity. The employee died before the suit was filed.
Result: After the trial court denied defense motions for summary judgment, the parties reached a settlement agreement that required the employer to:
- Pay $125,000.
- Provide annual training on federal disability law to HR personnel and corporate directors.
- Report to the EEOC for three years on all complaints of disability discrimination and all denials of disability-related reasonable accommodation requests.
- Name a children’s room in one of its facilities in honor of the deceased employee.
Info: Resources for Human Development Settles EEOC Disability Suit for $125,000, 4/10/12.
Employee fired over morbid obesity: Company pays $55K, provides other relief
Who was involved: BAW Systems Tactical Vehicle Systems, LP, a qualified material handler and subsidiary of Virginia-based BAE Systems, Inc., and an employee.
What happened: The EEOC accused BAE of firing the employee based on his disability of morbid obesity and because it regarded him as disabled. It alleged that when the employee was discharged, he was able to perform the essential functions of his job as a material handler. It further alleged the employer did not explore whether reasonable accommodations were available.
Result: To end the lawsuit, the employer agreed to:
- Pay $55,000 to the employee.
- Provide six months of outplacement services.
- Train managers and HR professionals regarding equal employment opportunity and disability discrimination law.
- Post an anti-discrimination notice.
Info: BAE Systems to Pay $55,000 to Settle EEOC Disability Discrimination Suit, 7/24/12.
Key Takeaways
- Obesity can be a disability under the ADA if it results from an underlying physiological disorder.
- Some courts have found that obesity itself can be a disability.
- If obesity qualifies as a disability, the employer has a duty to accommodate absent a showing of undue hardship.
- Remember that state or local law may ban discrimination based on weight or appearance alone.
- A best employment practice is to attempt to find a reasonable accommodation even if the employee’s condition does not qualify as a disability under the law.
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