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Showing 3 posts in Obesity.
Kentucky Court of Appeals Weighs in Favor of Employee: Is Morbid Obesity a Disability? Part II
Posted In ADA Amendments Act of 2008 (“ADAAA”), Americans with Disabilities Act, Employment Law, Hiring and Firing, Obesity, Pennington v. Wagner’s Pharmacy
Our post on Monday detailed background information on a recent decision from the Kentucky Court of Appeals styled as Pennington v. Wagner’s Pharmacy, Inc. Before being heard by the Court of Appeals, the case was heard at the trial court, where the court had to consider whether the plaintiff, Melissa Pennington, was disabled as defined by the Kentucky Civil Rights Act due to morbid obesity. More >
Kentucky Court of Appeals Weighs in Favor of Employee: Is Morbid Obesity a Disability?
Posted In Americans with Disabilities Act, Employment Law, Hiring and Firing, Kentucky Civil Rights Act (“KCRA”), Obesity, Pennington v. Wagner’s Pharmacy
Kentucky’s statutes, which are mirrored after the federal Americans with Disabilities Act, make it unlawful for an employer to discriminate against an employee due to a disability. KRS 344.040(1) and 207.150. In a recently-issued decision, the Kentucky Court of Appeals has greatly increased the potential liability exposure that employers may face with respect to discrimination clams. More >
Weight For It: How Will The AMA’s New Decision Affect Employers?
Posted In ADA Amendments Act of 2008 (“ADAAA”), Americans with Disabilities Act, EEOC, Employment Discrimination Laws, Employment Law, Litigation, Obesity
In a press release issued on June 18, 2013, the American Medical Association (“AMA”) declared obesity as a “disease.” The decision was met with sharp controversy, as it automatically classified millions of overweight Americans as diseased. Critics of the classification believe that obesity is not a disease and that there is no way to determine one’s health based on a number on the scale. The AMA hopes the new label will lead to better coverage and treatment for those who suffer from obesity. More >
