John Burke
11/23/2010
MGT-312 FE
Wednesday 6:30-9:10
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Abstract
Obesity issues in the workplace will continue to grow and be problematic if there aren’t any changes made in the near future. Obesity is classified in two ways; (1) obesity resulting from a disease or disorder and (2) obesity from poor eating habits and lack of exercise. Analyzing various court cases there seems to be no definitive answer as to what type of workplace obesity issues are covered under the Americans with Disabilities Act (ADA). The way the rules of the ADA are structured allows for the rules to be interpreted in different ways. A few changes to the ADA structure will be beneficial in regards to legality of discrimination claims. Also changes inside the organization to promote health and wellness should stomp out the majority of issues in the workplace.
Summary
A non-profit Pennsylvania corporation located in New Orleans, LA named Resources for Human Development, Inc. (RHD) has a lawsuit on their hands after firing employee, Lisa Harrison, because of her obesity. The U.S Equal Employment Opportunity Commission (EEOC) filed suit against the company for violating the rights stated in the Americans with Disabilities Act (ADA). The ADA law prohibits discrimination based on disability. Harrison began working for RHD in 1999 and remained there until September of 2007 when she was let go because of her severe obesity. RHD claimed Harrison was limited in a number of major life activities, including walking. However, according to the lawsuit, her obesity did not interfere with the fulfillment of her job description and her ability to perform the essential functions of her job. Unfortunately, Harrison passed away before the EEOC filed suit.
Adverse Impact is a big part of this case. Adverse impact refers to the rejection of a significantly higher percentage of a protected
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