Wednesday, June 13, 2007

Obesity = Disabilty?

I will start this post with -- I can afford to lose weight, just as many other Americans can..... but things are starting to get ridiculous now!

People who I would classify as extremely obese, now want to be afforded special protection status in the work place, under ADA guidelines.

From USA Today --
In Ohio, 400-pound Stephen Grindle claimed he was fired as a driver for Watkins Motor Lines because of his weight. In Michigan, General Motors worker Timothy Hopkins, 670 pounds, had gastric-bypass surgery and shed 300 pounds but couldn't get his job back. In New York, teacher Michael Frank, 325 pounds, said he failed to get tenure after a boss described him as "so big and sloppy."

The individuals claimed that their obesity was covered by the Americans with Disabilities Act (ADA), the 1990 law that forbids bias based on a worker's disability.

"What we are hearing in various contexts presents primarily two concerns: that employers might believe that an obese person cannot physically do the job, or that employers believe a worker is not the kind of person they want before the public projecting their image," says Chris Kuczynski, an EEOC lawyer. More....

If an extremely obese person is hired and makes it through a probationary work period, they should be only entitled to the same rights as every other normal person. If they are not performing at the same level or higher, as when they were hired, then they could be fired the same as other employees.

If a person is overweight when they are hired and then become extremely obese, depending on the circumstances, a company should be allowed to fire that person without fear of litigation.

Companies have an image to project. Sometimes people are hired to reflect this image, so excessive weight gain may no longer project this image.

If Tyra Banks, being hired as a model, gained 250lbs.... should Frederick's of Hollywood be forced to keep her as a swimsuit model?

The answer would be a simple NO! She is longer the person that they hired, she no longer projects the image desired by the company. Potential customers are offended by her obesity which is costing the company money.

So should obesity be another special class forced on business owners?

Again, a simple NO!

Is it fair an owner should be burdened with potential increases in worker comp claims because he is forced to keep someone performing a job in which their obesity may cause them or others physical harm?

Again-- NOPE!

How's this to fix their supposed disability..... Put down the case of Twinkies and gallon of milk and exercise!

(Insert Bleeding Heart remark) Oh, but they can't help it! It is not their fault!

Of course it would be out of the question to think a weight problem may exist when the person is only 6 yrs old and weighs 200lbs and continues to grow. Sure that's it --- wait until the behemoth becomes 300 plus lbs and call it a disability!



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