Americans With Disabilities Act

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Q: We have an employee who is unable to perform some of his essential job requirements because of physical limitations due to his weight.  Do we need to provide him with an accommodation?

 A: Given that almost one-third of the U.S. population is considered obese, many employers are struggling with whether to provide accommodations for employees whose weight prohibits them from performing all of their job functions. Whether obesity falls under the Americans with Disabilities Act is a hotly debated issue. Employers must juggle the cost and resources of providing accommodations with the desire to create a comfortable environment for all employees and avoid discrimination claims.

Q: An employee has asked to work from home because of his disability. Do I have to provide him with that option?

A: With technology making it easier than ever for people to work remotely, more employers are seeing requests to offer telecommuting as a reasonable accommodation of a disability. But, depending on the job, telecommuting may not be the best option, or even an option at all.

Q: An employee is asking to take medical leave. What sort of questions am I allowed to ask her?

A: Ask any HR generalist, and they will tell you that the Family and Medical Leave Act (FMLA) provides up to 12 weeks of job protection and continuation of health insurance benefits to employees who have a serious health condition. HR practitioners also know that they are permitted to seek information about an employee’s serious health condition to determine whether the employee qualifies for leave. But, how much can they ask, and what kind of medical questions are allowed?