Courts "weigh" in on controversial employee lawsuit involving injury and obesity

“An Indiana court has ruled that a pizza shop must pay for a 340-pound employee's weight-loss surgery to ensure the success of another operation for a back injury he suffered at work,” says the Huffington Post.

Under the Indiana court’s ruling (and an earlier decision by the state’s worker’s compensation board), Boston’s The Gourmet Pizza must pay for lap-band surgery for the plaintiff. The employee, who weighed 340 pounds at the time of the accident in March 2007, was accidentally struck in the back by a freezer door. He was told by doctors that he needed surgery to alleviate his severe pain, but for the surgery to be successful, he’d first need to lose weight (which rose to 380 pounds after the accident).

While his employers agreed to pay for the back surgery, they declined covering the recommended $25,000 weight-loss operation, pointing out that the employee was already obese before the accident. The courts saw it differently, however. They concluded that the surgery should be covered, since the employee’s weight and the accident had combined to create a single injury.

"There's actually a string of cases across the country that have reached similar conclusions," says the employee’s attorney, Rick Gikas. He cites cases in Ohio, California, Oregon, Florida and South Dakota, including some dating back to 1983.

As you might imagine, cases like these are especially concerning for employers – on both a legal and an emotional level. One, because of the cost implications with workers’ compensation claims and court cases. And two, because it’s easy to conclude that obesity is the employee’s “fault” and that it’s not fair for an employer to foot the bill for expensive weight-loss procedures.

But are these concerns significant enough to influence how you treat overweight individuals in the workplace – not hiring an obese candidate, for example?

"Legally, you cannot refuse to hire this 350-pound person because they're 350
pounds. That's illegal. But you might find some other reason not to hire them,"
says Tom Lynch, CEO of Lynch, Ryan & Associates, a consulting firm that
helps businesses manage workers’ compensation.

With one-third of Americans now considered obese (a body mass index of 30 or more), weight (and weight bias) in the workplace are issues that can’t be ignored. After all, what an employer might overlook or dismiss with obesity-related issues, the courts will not.

Courts "weigh" in on controversial employee lawsuit involving injury and obesity

Employees agree diversity is key to success, but still needs work

While most employees believe that a diverse workforce contributes to the success of their organization, many have experienced some form of workplace discrimination and feel that their employers publicize diversity more than it’s actually implemented.

The majority of workers (61 percent) agree that having a diverse workforce makes their organization more successful, but almost half of all employees (47 percent) have felt discriminated against at the office, citing age as the top form of workplace discrimination. The findings are from Workplace Insights, a survey conducted by Adecco USA, which took a close look at how Americans think about diversity in the workplace.

Age discrimination was the top reported form of workplace discrimination (52 percent), followed by gender (43 percent), race (32 percent), religious (9 percent) and disability (7 percent).

American workers are skeptic when it comes to their company’s diversity initiatives, with the vast majority (78 percent) of workers feeling that companies talk more about having a diverse workforce more than they practice it.

With true diversity, Americans feel like they would get more done at work. The majority (53 percent) believe that the more diverse their workforce is, the more productive they would become.

Most American workers reported that having a diverse workforce is a top priority for their employer, but only one-third believe that corporate America has achieved total workplace diversity.

To better the workforce outlook, Adecco suggested that top executives make commitment to diversity their top priority. Companies looking to strengthen their diverse workforce should gain commitment from senior managers, engage employees in the process, support local diversity groups, provide diversity training and promote open lines of communication.

Read the full Adecco press release.

Employees agree diversity is key to success, but still needs work

Workplace weight discrimination rivals racial bias

Discrimination against overweight and obese people is as common as racial discrimination, according to a study by the Rudd Center for Food Policy & Obesity at Yale University.

Overweight women, in particular, report weight discrimination twice as often than overweight men in the workplace.

“These results show the need to treat weight discrimination as a legitimate form of prejudice, comparable to other characteristics like race or gender that already receive legal protection,” said Rebecca Puhl, research scientist and lead author of the study, which appears in the March 4, 2008 issue of the International Journal of Obesity.

The study compared self-reported weight discrimination to experiences of discrimination based on race and gender among a nationally representative sample of adults between 25 and 74-years-old.

Findings also reveal that women are twice as likely as men to report weight discrimination. Women also reported that weight discrimination in the workplace and interpersonal mistreatment due to obesity is common.

Currently, Michigan is the only state that includes weight and height in its anti-discrimination law.

Without any specific protections in state law, people claiming discrimination must show in court that their obesity is a type of disability, protected under state anti-discrimination law, according to Lillian Mojica, G.Neil Research Attorney.

Workplace weight discrimination rivals racial bias