Is it legal for a company to refuse employment to an obese person?

Assume the company provides employee health coverage and that the policy does not apply to people who are obese due to factors beyond their control: diabetes is outside once control, but overeating and lack of exercise is not. Also assume that obesity does not affect the person's ability to do his job (I am not talking about a modeling firm); it only affects the company's health insurance premiums. A number of companies provide bonuses to employees who lose weight. If more companies adopt such a policy, would that be the answer to the obesity crisis in America.

Big Bear

Assuming the person has no health problems as the reason for their obesity, there is a new theory out that obesity is caused by corn and corn products, which are found in nearly everything we eat.
There are two guys who were on GMA last week who link studies to this epidemic. They feel if corn products were removed from our food, the epidemic would lessen. I tend to agree.
I don't remember their names, but I have included the link, "Is Corn Making Us Fat"?
And yes, it is illegal to discriminate, but there is no way of proving that is the reason. All they have to say is that someone more qualified was hired.

michr

your hypothetical question won't effect obesity in america.

1. it is illegal to deny employment based solely on what you have stated but anyone obese or with any other ailment can be denied employment due to that ailment. companies are only required to make a reasonable accomidation for anyone who is covered by ADA.
companies are not required to offer any benefits at all, they do so to attract and retain better employees.

2. insurance rates are set as a "group" and don't go down or up because of an individual they change based on the "group". that is why group policies cover all employees once elgible regardless of health, except some known prior treated conditions may have limits or waiting periods.

3. obesity may have a causal effect on diabetes and heart disease as well as joint and skeletal problems but so does genetics, enviroment, dietary intake, metabolism, cholesterol levels, stress etcetera. these facts being known make it difficult for any insurance carrier to offer much of a discount for a paticular employeer's premium based on weight of employees. only the improvement of overall health of the entire population will result in noticeable savings for employers.
until that happens policies of rewarding a select few who loose weight won't have an overall effect on the obesity problem.

Paul

Your question is more about health care coverage, not employment. They can hire you, but still reject you for health coverage.

If you seek Amy

I think it could be legal, for the health insurance reasons you mentioned I think that is happening with smoking as well.

As far as being the solution, wouldn't the ridicule, health threats & general discomfort be reason enough if it were that easy?

Troy

Problem is, how can you prove it?

But it's not legal unless they are not able to provide proper facilities for an obese person.

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