OBESITY AS A DISABILITY UNDER THE AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT AND THE AMENDMENTS’ AFFECT ON OBESITY CLAIMS UNDER THE PENNSYLVANIA HUMAN RELATIONS ACT: SHOULD EMPLOYERS ANTICIPATE A BIG CHANGE?

BY AMIE A. THOMPSON

Imagine you are the owner of a factory, and you have just begun a long day of promising interviews for a new supervisor position. Your first candidate walks through the door and he is a five-foot three-inch tall man weighing more than 340 pounds. You respectfully greet him and review his impressive credentials. However, you catch yourself thinking about how his weight could possibly affect his work performance. You anticipated that his obesity might put him at a greater risk of developing serious illnesses, thus promoting absenteeism and increasing the likelihood of workers’ compensation claims.
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