Problem: Provide a peer response to the discussion below... point out strengths and wat could be improved.
Should obesity be classified as a disability? What are the implications for businesses hiring obese employees under the ADA?
While certain instances of obesity could technically qualify as an ADA disability if it substantially limited one or more major life activities, I don't think obesity should be classified as a disability as the current method to calculate if a person is obese or not is outdated. The BMI method is old and inaccurate with the many different body styles and shapes. I recall doing height and weight for the Army, and when you were over a set weight based on your height, you would get tape tested. They would take measurements at the waist, chest, and neck and do some magical equations to determine if you were over the set standards. Some implications for businesses that hire obese employees under the ADA could be reasonable accommodations such as having to have larger works stations with equipment built to withstand heavier weights. Other implications include the prohibition of discriminating against obese individuals, no pre-job medical exams or inquiries but post job-offer could be acceptable, and health or safety concerns for legitimate concerns related to an individual's condition.
How do we (legally) define "obese"? What metric should be used? What would you suggest as a solution to this apparent problem?
The legal definition of obese varies between people and locations, and there are many different methods used to measure body fat. While the BMI is the most widely known and used method to determine levels of obesity or fat, it is not the most accurate. I think it is used as it is one of the easiest methods available to get a rough estimate of a person's health quickly. I believe body composition or the weight pods could be an accurate method to determine if a person is obese or not. A solution to defining obesity levels could be standardizing a precise way to assess a person's condition that medical professionals can agree on, such as the body pods that measure displaced water or body composition measurements. The key is to get a standard form of measurement.
Should substance addiction be classified as a disability? If so, what threshold(s) should be used to substantiate an "addiction"? Does it depend on the kind of substance? What are the implications for businesses hiring "addicts"?
While certain instances of substance addiction could technically be classified as a disability, I don't think it is one I would add to the disability list. Yet the opioid crisis has been a substance added to the ADA and employers are barred from discriminating against certain situations where there are employees with addiction issues (ADA, 2022). There are so many forms of addiction that it would be hard to standardize what classifies as a disability and what doesn't. From over-the-counter drugs to illegal substances, there are so many forms of substances, each with varying forms of side effects and addictive properties; where would we even start? I know a few alcoholics by choice, and a couple of them could meet the classification criteria to be a disability, but again it is by choice. Implications for employers include not discriminating against people that are addicts and meet the ADA criteria, providing reasonable accommodations which could include more time for treatment, and there can be standardized drug screening both pre and post-employment as long as it is done in a non-discriminatory manner.
Corbin
Reference:
ADA. (2022, April 5). The ADA and Opioid Use Disorder: Combating Discrimination Against People in Treatment or Recovery. U.S. Department of Justice Civil Rights Division.