As reported by the Centers for Disease Control, using their standards for determining obesity, the percentage of adults that are obese falls in the ballpark of around 40%. Knowing that, the question of whether or not those employees that find themselves in that 40% have a disability under the ADA and state law. This white paper reviews the answer to that question and how employers should treat employees who are deemed obese.
Bennett L. Epstein is a partner and labor and employment lawyer with Foley & Lardner LLP. He practices exclusively in the area of labor and employment law and has extensive experience in resolving disputes between executives and their employers, including conflicts concerning age discrimination, written and implied employment contracts, and financial or sexual impropriety. He is an authority on civil rights, downsizing, the FMLA, Sarbanes-Oxley whistleblower claims, union negotiations and the Americans with Disabilities Act. Mr. Epstein is a member of the firm's Labor & Employment Practice and the Health Care Industry Team.
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