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Fitness For Duty Evaluations

Seventh Circuit Weighs In On Obesity Disability Debate

In general, federal appellate courts addressing obesity claims under the Americans with Disabilities Act (ADA) have held that absent an underlying physiological disorder, obesity is not a disability. However, EEOC guidance suggests, and some lower courts have concluded, that morbid obesity alone is an impairment under the ADA. In a recent case, Richardson v. Chicago […]

Have A Coke And A Smile . . . And A Fitness For Duty Evaluation

In a recent decision, the Eleventh Circuit concluded that the Coca-Cola Company acted lawfully when it required an employee to undergo a “fitness for duty” evaluation where the inquiry was both job-related and consistent with business necessity.  Owusu-Ansah v. Coca-Cola Co., No. 11-13663 (11th Cir. May 8, 2013) Franklin Owusu-Ansah began working for Coca-Cola in […]