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You’re worried that an obese applicant may later develop diabetes. Can you refuse to hire him?
![Obesity-waist circumference](https://upload.wikimedia.org/wikipedia/commons/thumb/0/08/Obesity-waist_circumference.svg/256px-Obesity-waist_circumference.svg.png)
Renée Gordon (FDA), Victovoi [Public domain], via Wikimedia Commons
The job required some fairly physical work; namely, climbing and working on and around heavy equipment. The company’s policy was not to hire anyone with a BMI of 40 or greater because of the “substantially higher risk of developing certain conditions like sleep apnea, diabetes, and heart disease and the unpredictable onset of those conditions can result in sudden incapacitation.” Given the job requirements, this could create an unsafe workplace. So, the company told the applicant that he was welcome to reapply later if he lost the weight and kept it off.
Instead, the applicant sued, alleging a violation of the Americans with Disabilities Act. Continue reading