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31 Emp. Resp. & Rts. J. 1 (2019)

handle is hein.journals/emprrj31 and id is 1 raw text is: Employee Responsibilities and Rights Journal (2019) 31:1-27 https://doi.org/10.1007/s10672-018-9326-8 CrossMark One Size Does Not Fit All: Accommodating Obesity-Related Disabilities in the Workplace Mark V. Roehling' - Mevan Jayasinghe' Published online: 7 January 2019 O Springer Science+Business Media, LLC, part of Springer Nature 2019 Abstract Several factors are combining to make it increasingly important that employers recognize their obligation to accommodate job applicants and employees with obesity-related disabilities, and respond effectively to requests for such accommodations when they arise. This article provides analysis and guidance that is intended to assist employers and practitioners in anticipating and responding to requests for obesity-related workplace accommodations. It is based on a review and analysis of all identified U.S. judicial decisions involving obesity-related workplace accom- modations that were either voluntarily provided or disputed by an employer. The results of that review and analysis are summarized in a table by the type of accommodation, job, and court ruling (when the accommodation was not voluntarily provided). The table provides a list of potential obesity-related accommodations that is both more comprehensive and more specific than any list previously published in the legal, behavioral sciences, or health literatures. Key legal issues are identified and discussed, and practical guidance is provided. Although the focus is U.S. law, the guidance provided has relevance to employers and practitioners in the European Union, and those countries whose laws recognize that obesity may involve a legally protected disability that entitles an individual to reasonable accommodation in at least some circumstances. Keywords Reasonable accommodations - Disability - Obesity - Discrimination Several factors are combining to make it increasingly important that American employers recognize their obligation to accommodate job applicants and employees with obesity-related disabilities, and respond effectively to requests for such accommodations when they arise. First, obesity among the American adults is widespread and continues to rise (Ogden et al. 2015). Second, the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) W Mark V. Roehling roehling@msu.edu Mevan Jayasinghe jayasinm@msu.edu School of Human Resources and Labor Relations, Michigan State University, 429 South Kedzie Hall, East Lansing, MI 48823, USA e Springer

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