Posted on 12/27/2010 7:56:05 AM PST by flowerplough
EEOC now claims obesity is a disability under ADAAA. The U.S. Equal Employment Opportunity Commission (EEOC) now claims obesity is a disability under the Americans with Disabilities Act Amendments Act (ADAAA). Until now, the courts have routinely rejected general obesity as a "disability" under the ADA and Rehabilitation Act. Cases have required one to show some different underlying medical condition that is a disability and that causes obesity as a "symptom." Now the EEOC has filed suit, claiming that a company discriminatorily fired an employee because of obesity. The EEOC claims that ever since President George W. Bush authorized the ADA Amendments Act in 2008, the law has a much lower threshold for what constitutes a disability. The EEOC claims that basic obesity, without any other underlying condition, sufficiently impacts the life activities of bending, walking, digestion, cell growth, etc., to qualify as a disability or perceived disability. EEOC v. Resources for Human Development (E.D. LA.2010).
(Excerpt) Read more at diversityinc.com ...
And the first reader comment on the DI site sez: " ...the majority of obese have caused their condition through their own behavior and lifestyle choices. I am not advocating discrimation against obese people, but with recent examples in the news of hospitals refusing to hire smokers I wonder at the double standard. Obesity has surpassed smoking as the number one preventable cause of death in the US and ..."
Will fat queers be able to double-dip, so to speak?
The message here is very clear: don’t hire fat people. Don’t even hire people you THINK may TEND to get fat.
And if you have any employee who is putting on a few pounds, find an excuse to dump ‘em — quick! — before they claim protection as a member of the Fat Class.
I don’t think that’s quite the message the EEOC intends to put out, but I’m receiving it LOUD and CLEAR, as will many employers.
Cool, half the country is disabled.
Checks will fall like rain, impoverishing the country, bringing on a reactionary revolution.
The fat won’t be able to fight as well.
Now, if it's a matter of job safety, I can see that. Or if it has to do with modeling or something where a particular body type is needed. If it's a health insurance matter, well, that goes back to the hiring, doesn't it? Now, if they've become sloppy and/or unsanitary about it, and difficult to work with, I can see discussing the matter.
Seems a joke there somewhere.
Easy. You don’t hire them in the first place.
Any job that doesn’t involve sitting behind a desk all day long, can be hazardous if an obese person is doing the work.
I’m not talking chubby; I’m talking BIG! They are more prone to lifting injuries because their core muscles can’t support the weight. The list goes on.
That was my point. You know they’re obese when you hire them. So why do you have to fire a person for obesity? It sounds more like an excuse.
>> So why do you have to fire a person for obesity?
I would never fire a good worker simply because they were overweight, unless being overweight got in the way of doing their job.
The problem arises when overweight people obtain a government-supplied “lever” that enables them to become lazy problem employees and get away with it because they are now a protected class.
That’s the problem with ADA period. So many things are considered disabilities, and those claiming them become untouchable. And believe me, they know it and they use it.
Easy. You don’t hire them in the first place.
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That won’t work.
They will just sign an edict that you will have a % of obese people working for you.
Yes and apparently now obesity will be thrown into the pot with druggies, alkies, etc to bleed off the Social Security Fund.
Story was kicking around in the 60’s that when Bobby Kennedy was AG he made a tour of businesses in the South in the name of ‘fairness’ to ensure the proper # of minorities were being hired.
He happened upon one such facility, where they were ‘waiting’ for the Kennedy party.
Upon arrival, Kennedy went off on a tangent about equal employment etc and the owner finally said-
Yes Sir, I agree with you. Now I have 500 employees, what would be a fair # of ‘minorities’ that I should employ.
Kennedy, says since you have such a large minority population in your area, it would probably be right to have about 200 working for you.
Yes Sir, (calls secretary) - Belinda, pull all the personnel files and give me the names of the first 150 minorities you come across - Then, FIRE THEM.
Good Day Mr Kennedy, you see I now employ 350 minorities, but I don’t want to be breaking any rules.
>> haven’t you seen them in the electric chairs at the grocery stores
Dairy section, yes. And over by the ice cream freezer. And in the cookie, candy and prepared food aisles.
Not so much in the vegetable section though.
>> They will just sign an edict that you will have a % of obese people working for you.
Would that be percentage by head count, or by weight and volume?
Could I meet my percentage quota by hiring just one really big one and use ‘em for a lobby sculpture? We could dress ‘em up in the company logo.
ROFLOL
Makes on wonder if corporations of the future will have any employees or will they instead be large amorphous tentacled organisms made up of contract workers, service providers, and subcontractors (wherein the service providers and subcontractors are themselves such tentacled corporations).
Fat people (by which I mean obese, not needing to lose 20 lbs or even 30lbs), are overwhelmingly either lazy or have mental issues that cause them to either overeat or not care about their appearance.
There are exceptions to this rule, but they are rare.
I’ve hired fat people before and they’ve always been trouble.
I’m literally betting on the latter.
No, but it is an interesting possibility. :=) I like the way you think.
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