Question:
Does the ADA cover morbid obesity.....

I'm on short term disability because my weight has gotten so that I'm having a hard time doing my job. My legs are swelling up so that I can't walk, and I am depressed even more. When my doctor filled out the paper work he originally said that my reason for being off of work was because of "morbid obesity and exhaustion". My complaint was that they are going to look at that and say "okay, she is fat and tired - so wheres the serious illness?" My doctor claims that morbid obesity would be covered as a serious illness because it is a life threatening disease. Thats true - but since I don't think he covered enough I insisted that he tell them about my edema and depression, which he then told them that I would be off of work until I am able to have a gastric bypass operation and 6 weeks recovery afterwards. Bless his heart- but I have an exclusion in my policy and I am still fighting them about it and trying to get my employer to cover the procedure. Now that I'm off, I'm worried that they are either going to fire me, or just as bad, if they don't approve the surgery then they won't let me come back because I will still be morbidly obese. Can someone help me out here?......    — K T. (posted on July 1, 2001)

July 2, 2001
HI there...I a human resources profesional for a financial service company here in New York. I'll give you the basic information on ADA and if you'd like, feel free to contact me for more. Under ADA, an indiviual is classified as having a disability if he or she: "Has a physical or mental impairment, and the impairment substantially limits one or more of the individual's major life actvities". The ADA does not actually define "physical impairment". However, the EEOC, in implementing the portion of the ADA that pertains to employment, adopted the following defintion of an impairment: "Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more systems of the body, such as the nerous and musculoskeletal systems, respiratory organs, the cadivascualr system and the glands". I've read your profile and it seems that you definitely would qualify for coverage under the ADA, in that your major life activites have been compromised due to your weight and the problems it had caused. Now, there are many options for an employer to make reasonable accomodations for you. Unfortunately, if there is more than one option available, it is the employer's choice. Some reasonable accomodations to be considered are Changes in facilities, job restructuring, P/T or modified work schedules, reassignment to a different, vacant position, acquisition or modification of equiptment or devices, work at home, or leave of absence. In your case, it seems that leave of absence is the way your doctor wants it. Which is okay. Here is what you may want to know about that: An employer DOES NOT have to provide paid leave, although they must allow you to exhaust any paid leave you have already accrued and have available. That said...I hope you have Long Term Disability benefits. Now, an employer IS required to old your job while you are on leave UNLESS the employer demonstrates that doing so will cause an undue hardship to the company. Also, if the employer CANNOT hold your job open, it must consider if there is a vacant, equivalent postion to which you can be reassigned after your leave has ended. Additionally, AN EMPLOYER MAY NOT PENALIZE AN EMPLOYEE FOR WORK MISSED DURING A LEAVE WHICH HAS BEEN TAKEN AS A REASONABLE ACCOMMODATION UNDER THE ADA. Of course, as with anything federal,there are a lot of grey areas in the ADA. Generally, it is a good act the serves the employee very well. I don't know the details of your company, your benefits, etc...so please seek additional help from the Human Resources department in your company. If that does't work and you are having serious problems working this out, contact the EEOC...here is a link to their directory of local offices: http://www.eeoc.gov/teledir.html Please do not let the fight you are having with you employer about the insurance coverage weaken you. That has nothing to do with the obligations your company has towards you as an employee. Keep up that fight. Stay strong and don't let your company bully you. You have protection. I wish you the best of luck in all ways.
   — PaulaM

July 2, 2001
Thank You to everyone who took the time to answer my question. I want to let you know it has help relieve a lot of anxiety. Kim
   — K T.