Those two trends have more employers considering a legally risky thought: Can we refuse to hire overweight people?
A Texas hospital made headlines when it decided to stop hiring people with a body mass index (BMI) of 35 or higher. Bad publicity led the hospital to suspend its policy.
Still, with nearly 36% of adults in this country considered obese, according to the CDC, this issue isn’t going away.
What does the ADA say?
No federal employment law, only one state (Michigan) and a handful of cities specifically prohibit employers from discriminating against overweight people in hiring, firing and job conditions.
That means the debate typically comes down to a question of whether obesity is a covered “disability” under the ADA. (The ADA protected disabled ...(register to read more)