Could Indiana Workers' Comp Ruling Lead to Discrimination Against Obese Workers?
Blogger Kathy Posner has an interesting take on a workers' compensation ruling in Indiana that required an employer to pay for weight-loss surgery for an injured employee.
What's so interesting about this case is that the employee's workplace injury was unrelated to his weight. Adam Childers, a restaurant cook, was hurt when a freezer door accidentally slammed into his back. At the time of the injury, Childers weighed 340 pounds, and he later gained another 40 pounds. Doctors determined that Childers needed back surgery because of his injury, but that his obesity prevented them from performing that surgery safely.
The court in Indiana ruled that Childers' employer had to pay for lap-band weight-loss surgery, as well as the back surgery.
While many would see this ruling as a victory for injured workers, Posner is concerned that it could lead to employment discrimination against obese people:
I think this ruling hurts obese people because it places an unfair burden on the employer. I think the the Indiana Appeals thought their ruling protected fat people, but in essence it harms them. An employer will be forced to discriminate and NOT hire an overweight person because of fear of potential lawsuits
That is certainly an interesting point to ponder.






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