ADA & doing the right thing. - Page 2
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  1. #26
    n00bsauce
    Reputation: Mel Erickson's Avatar
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    I could see this in isolated populations but not worldwide. The evidence is also clear that societies that have had stable populations with no obesity for hundreds of years are now dealing with severe levels of obesity. What changed? Diet and exercise. I favor the more simple explanation.
    "Those who can make you believe absurdities can make you commit atrocities." Voltaire

    There are your fog people & your sun people, he said. I said I wasn't sure which kind I was. He nodded. Fog'll do that to you, he said.

    "We are all ignorant about most things."
    Mel Erickson

  2. #27
    RoadBikeReview Member
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    Quote Originally Posted by Mel Erickson
    What changed? Diet and exercise. I favor the more simple explanation.
    Mel,

    A basic assumption you're making is that there is not a genetic component to behavior. Clearly what has changed is caloric intake vs. calories expended, but it's not correct to assume that genetics have nothing to do with those.
    Last edited by Dwayne Barry; 04-03-2009 at 02:52 PM.

  3. #28
    Self-Banned
    Reputation: rocco's Avatar
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    Quote Originally Posted by Mel Erickson
    I'm not getting how 140 employees would be put at risk. Splain please.

    If helping the overweight guy (who apparently is a mediocre performer) hinders the companies ability to cut him loose later for the greater good of the company arguably it puts the companies other 140 people at some risk... albeit probably minor risk if the company employs that many people. On the other hand, I suspect that if this one employee is that much of danger to the survival of this company of 140 employees then it probably only a matter of time before most if not all of them are screwed anyone.

  4. #29
    jaded bitter joy crusher
    Reputation: Fredke's Avatar
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    Quote Originally Posted by JayTee
    You all are getting bad legal advice if someone is telling you that obesity per se is protected by the ADA.
    Consider this report (PDF) from the Congressional Research Service (July 2007):
    Based on the ADA regulations and EEOC guidance, it may be difficult for an obese plaintiff to successfully bring a discrimination claim. Still, courts have found some plaintiffs entitled to protection under the ADA.
    ...
    It is likely that courts will continue to look at obesity discrimination under the ADA. Based on the various ways in which courts have interpreted the act and its supporting regulations, the outcome of these cases will remain an open question.
    Fredke commented in your thread. You won't believe what happens next!

  5. #30
    Low rep power
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    **Detailed** documentation of job performance (or the lack thererof) should get you past and ADA issues. But, you still may get dragged in front of an arbitrator or something.

  6. #31
    Windrider (Stubborn)
    Reputation: Len J's Avatar
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    Lots of interesting responses, thanks.

    I'm not suggesting that losing weight is easy, but my experience is that a supportive work environment with lots of people encouraging you can help tremendouly.....which is what we were envisioning.

    Now, we will probably, do some company wide programs with some health incentives thrown in. Not as surgical, but we can do what we can do.

    To JayTee who said this is not an ADA issue, we have gotten several labor aqttornies who have all told us the same thing.

    Thanks all.

    Len



    "Evil....is the complete lack of Empathy!"

    ""We are what we repeatedly do. Excellence, then, is not an act but a habit. " Aristotle

    No one is as bad as the worst thing they have done & no one is as good as the best thing they have done.........think of that when you feel like you understand someone.

  7. #32
    n00bsauce
    Reputation: Mel Erickson's Avatar
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    Genetics make me put a donut in my mouth? I found a link to the Wisconsin Public Radio program featuring Professor Barry Popkin that is right on topic. Scroll down to the January 28, 2009 program "At Issue with Ben Merens" and have a listen. I think it's a half hour program and you need Real Player.
    Last edited by Mel Erickson; 04-04-2009 at 07:08 AM.
    "Those who can make you believe absurdities can make you commit atrocities." Voltaire

    There are your fog people & your sun people, he said. I said I wasn't sure which kind I was. He nodded. Fog'll do that to you, he said.

    "We are all ignorant about most things."
    Mel Erickson

  8. #33
    Call me a Fred
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    Get rid of the pregnant women first.
    Mike

    -----------------------------------------------------------------------------------
    You may starch my jumper
    Hang it upside your wall
    You know by that, baby
    I need my ashes hauled.

    Sleepy John Estes

    H

  9. #34
    RoadBikeReview Member
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    Quote Originally Posted by Dwayne Barry
    Except for the fact that if you look at people who do care about it and takes steps to achieve it, in the long run the vast majority are unsuccesful and not because they cease desiring to not be fat, and at the other end many people maintain a normal bodyweight without any effort at all. It's far more complicated than caring or not caring.
    It's not just a matter of "desiring not to be fat", it's a matter of "desiring not to be fat despite the downsides". The main downside being pain due to being hungry most of the time. It's not surprising most people give up.

  10. #35
    n00bsauce
    Reputation: Mel Erickson's Avatar
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    One employee, no matter how bad a performer, puts 140 at risk by just underperforming. If he sabotages the company, yes, that could put 140 at risk but we're not talking about sabotage. I also don't think we're talking about dereliction of duty, either, just an underperformer and not that bad of an underperformer at that.
    "Those who can make you believe absurdities can make you commit atrocities." Voltaire

    There are your fog people & your sun people, he said. I said I wasn't sure which kind I was. He nodded. Fog'll do that to you, he said.

    "We are all ignorant about most things."
    Mel Erickson

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