Publications
What Do You Think?
This month’s What Do You Think? seeks your help in defining the line between legal theory, and the real world.
In recent months, the media has publicized charges that McDonald’s, as well as other fast food chains, has contributed to obesity in our country by selling high fat foods. McDonald’s and others have responded by backing off of “super size it” campaigns and offering healthier menu items.
McDonald’s currently faces a suit under the ADA by a job applicant who claims that he was turned down for employment because of his obesity – 54’ waist size.
This raises at least two issues. First, should obesity be a “disability” under the ADA? If not, recall that the ADA also covers persons who are “regarded as” disabled – if this job applicant was regarded as unable to perform certain job functions because of his obesity, should he be covered under the ADA on that basis?
Second, even if the ADA applies, should McDonald’s be prohibited from choosing not to hire an obese applicant when it is expending millions of dollars in the effort to combat the charge that its food causes obesity? Should McDonald’s have the right to manage its corporate image in this way? Taking the issue a step further, should health clubs and weight loss centers be permitted to discriminate against obese job applicants for similar business reasons?
Click here to give us your point of view. Next month we will share your input (but we will never disclose your name, e-mail address or other identifying data without your permission).
