March Madness presents one of those occasions where your employees’ diets and exercise may fall by the wayside, and by the wayside, we mean potentially off a cliff.  And when this happens, your workforce is increasing not just their weight and risk of disease, but it may also increase your cost to employ them.  The productivity time you’re losing when they stop working to watch the games is nothing compared to the loss of productivity and increased health care costs due to poor health.

Continue Reading March Flabness: Wellness Programs, the ADA, and the Rising Costs of Employer-Provided Health Coverage

Written by David Katz

Yet another federal court judge, the Honorable Stephen N. Limbaugh, Jr. of the Eastern District of Missouri, recently ruled, in Whittaker v. America’s Car-Mart, Inc., that an employee’s severe obesity could constitute a “disability” under the Americans with Disabilities Act.

Continue Reading Another Judge Finds that Obesity May be a “Disability” Under the ADA

Written by Martha Zackin

On September 30, 2010, the Equal Employment Opportunity Commission (the “EEOC”) filed a lawsuit against a non-profit social services agency, claiming that the agency had discriminated against an employee on the basis of her disability—severe obesity.  The lawsuit, EEOC v. Resources for Human Development, Inc., is believed to be the first case ever filed by the EEOC in which it asserts that obesity is a covered disability under the federal Americans with Disabilities Act (the “ADA”).

Continue Reading EEOC Sues Claiming Severely Obese Employee was Disabled under the ADA