Obesity in the Workplace: How to Avoid Legal Landmines

Presented by Michael E. Barnsback
Recorded on: Wednesday, November 28, 2012
Duration: 90 minutes
Prerequisites: None
CE Credits: 1.5 HRCI Credits awarded upon completion
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Government data state that more than 35% of the U.S. adult population is obese.  This means your workplace is affected, and not just in terms of what you stock in the vending machine, or what type of wellness programs you offer.

The prevalence of obesity in the U.S. workplace raises numerous compliance issues under the FMLA, ADA and HIPAA — not to mention weight-related discrimination and harassment issues. Sorting through the various legal considerations you may face can be confusing — and costly if not handled properly.

Don’t wait until an obese employee presents you with a request for a reasonable accommodation — or worse, until you are sued — to learn the ins and outs of your responsibilities when it comes to obesity in the workplace.

Be prepared by joining us for a 90-minute webinar featuring attorney Michael Barnsback of LeClairRyan. Mr. Barnsback will delve into the top human resources issues concerning obesity in the workplace, including the ADA, FMLA, HIPAA and other legal issues you must be prepared to address. Plus, Mr. Barnsback will be available to answer your questions during the live Q&A portion of the webinar.

You’ll Learn:

  • What issues do employers have to know regarding obesity as a disability?
  • When must an employer accommodate a worker who claims to be disabled as a result of obesity?
  • What kind of documentation can an employer request to prove that the worker is disabled?
  • Does an employer have to provide FMLA leave to an employee who wants unpaid time off for physician-advised weight-loss classes, regimens or procedures?
  • Is it legal to charge more in health insurance premiums to an employee who is above a certain weight standard?
  • Is it legal to charge employees who are within healthy weight standards less in premiums than overweight employees?
  • Are there legal risks for employers to have weight loss competitions?

Who Should Attend:

  • Human resources professionals
  • Employee benefits professionals
  • In-house labor and employment counsel
  • Business managers and supervisors
  • Employment law attorneys
  • Wellness consultants
  • Management consultants
Michael E. Barnsback Michael E. Barnsback
Michael E. Barnsback counsels and represents Virginia employers in all aspects of employment law. He has frequently lectured on and assisted employers with disability accommodation and leave issues under the ADA and FMLA. He is experienced defending employers in Department of Labor wage/hour audits and FLSA individual and collective action overtime cases. He also has significant background representing employers before the EEOC and state/local administrative agencies. He has over twenty years of courtroom experience litigating employment related cases.

CE Credits:
HRCI This program has been approved for (General) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. Please be sure to note the program ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
The use of this seal is not an endorsement by the HR Certification Institute of the quality of the program. It means that this program has met the HR Certification Institute's criteria to be pre-approved for recertification credit.