How do we approach a 400 pound employee? 06-04-2008

Is it in violation to approach an employee about her weight problem, she weighs approx. 400 lbs., and currently does not fit in her chair?

Rita Risser Replies:

Let's look at this question from different perspectives. Legally, obesity is protected under the Americans with Disabilities Act if it is caused by a medical condition. To be safe, you should assume that all obesity is caused by a medical condition. The ADA requires reasonable accommodation, for example, buying her a chair that she can sit in. It also prohibits harassment, so any conversation about her weight could be getting into dangerous territory. Also, there are a few places with appearance discrimination laws (Michigan, San Francisco and Washington, DC) where discrimination on this basis may be illegal.

From a values perspective, how would you approach this to show her the utmost respect? She knows she has a problem. What could you possibly say that would make a difference?

There is quite a bit of medical research out now that surgery is effective and literally can save a person's life. Would your insurance cover that? What would be the deductible and could she afford that? How long off work would she need and can you afford that? It might be worthwhile to explore what resources are available for her to have surgery.

Then you could approach her, in a gentle respectful way, say you are concerned about her health, she is a great worker and you don't want to have to worry about her, present her with the research, let her know you would support her if she wanted to do that, and then leave it up to her. Also let her know you will understand if she decides not to do it. But begin and end the conversation with how much you care about her as a person. (It may help to write out what you are going to say, and practice it, so that you are sure to be very respectful in your approach. Keep this as documentation of the conversation.)

Good luck!

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