Despite a recent court ruling that finds an obese candidate who was not hired for a machinist job did not qualify for protection under the Americans with Disabilities Act, experts are still warning employers to be careful with their hiring practices so they don't get sued in the first place.
By Lin Grensing-Pophal
Monday, October 31, 2016
It's important, says Long, for employers to have written job descriptions that clearly outline the essential functions of a job before hiring for a position. "Employers should make all applicants follow the same steps in the selection process and only require a medical examination if there is a job-related reason for the medical examination," she says. Such an exam can only be required after an offer has been made, however.
"The old adage 'Don't judge a book by its cover' is good advice when it comes to high-stake employment decisions," says Lindner. "Keep personal biases out of the hiring decision process. Focus instead on candidates' qualifications rather than their weight and height, unless, of course, job requirements otherwise dictate. Employers do have a responsibility to maintain safe work environments and, where height and weight restrictions exist, candidates exceeding those requirements will be denied employment for their own safety."
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