Obesity and the ADA

By Martha Zackin on October 3, 2012

My colleague, David M. Katz, was recently quoted in a National Law Journal article titled The Obesity Problem is Growing. For more information on this evolving issue, click here.

Employment Quote of the Week

“The [NLRB] found that the workplace conduct policy, which encouraged employees to maintain a ‘positive work environment,’ violated the NLRA because a reasonable employee would read the language to discourage protected activity, including candid, potentially contentious discussions of unionizing. This finding is unreasonable ... The policy is titled ‘Workplace Conduct.’ The rule refers to a positive work environment and effective working relationships, and requires employees to behave in a way that ‘promotes efficiency, productivity, and cooperation,’ with the obvious implication ‘with respect to work.’ ... A reasonable employee … would interpret the policy as requiring professional manners, positive work environment, effective and courteous communications, getting along with everybody, common sense, and people skills. The reasonable … employee would understand the rule to express a universally accepted guide for conduct in a responsible workplace ... In other words, the NLRB erred by interpreting the rule as to how the reasonable employee could, rather than would, interpret these policies ...” Circuit Judge E. Grady Jolly in T-Mobile USA, Inc. v. NLRB, No. 16-60284 (5th Cir. July 25, 2017) (partially reversing NLRB decision and holding workplace conduct policy did not violate the NLRA).

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Employment Matters

Obesity and the ADA

Mintz Levin’s Employment Labor & Benefits Practice