Obesity In The Workplace Case Study

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Obesity in the Workplace
In the state of New York, it has been determined that obesity, in and of itself, is a disability (State Division of Human Rights v. Xerox). Catherine McDermott successfully represented herself in court after being denied employment by Xerox because of her weight. She was subjected to a standard medical evaluation which consisted primarily of checking a person’s height and weight. Based upon these results, the physician labeled Ms. McDermott as “obese,” and “not acceptable” (State Division of Human Rights v. Xerox). The court upheld the Appellate Division’s decision that obesity is considered a disability, and therefore protected under New York law. Xerox was ordered to hire her and giver her back pay (State Division of Human Rights v. Xerox). …show more content…
While weight may not be a primary indication of a disability, it is possible that underlying factors may qualify a person as protected by this law. The Equal Employment Opportunity Commission (EEOC) provides a few examples of when obesity may be qualified as a disability. First, if weight gain is due to diabetes or another condition, the employee is protected. Secondly, “severe obesity,” defined as “weight… more than twice the norm” is an “impairment,” and is considered a disability (:Weight Discrimination in the Workplace”, n.d.). Finally, an employee is also protected if an employer simply believes he or she has a disability.
2. Problems with Employee Behavior and Performance Caused by Prescribed

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