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	<title>Comments on: When can you say &#8220;You&#8217;re too fat for this job?&#8221;</title>
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	<link>http://www.hrblunders.com/do-managers-discriminate-against-applicants-and-employees-because-they%e2%80%99re-overweight/</link>
	<description>The worst mistakes, catastrophes, and near-misses</description>
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		<title>By: Renzie</title>
		<link>http://www.hrblunders.com/do-managers-discriminate-against-applicants-and-employees-because-they%e2%80%99re-overweight/comment-page-1/#comment-10711</link>
		<dc:creator>Renzie</dc:creator>
		<pubDate>Wed, 18 Feb 2009 05:11:05 +0000</pubDate>
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		<description>Tammy, I read your story and wanted to know if you would share your story for an article that I am writing for an HR publication.  My e-mail address is renzier@aol.com.</description>
		<content:encoded><![CDATA[<p>Tammy, I read your story and wanted to know if you would share your story for an article that I am writing for an HR publication.  My e-mail address is <a href="mailto:renzier@aol.com">renzier@aol.com</a>.</p>
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		<title>By: Jean Reuter</title>
		<link>http://www.hrblunders.com/do-managers-discriminate-against-applicants-and-employees-because-they%e2%80%99re-overweight/comment-page-1/#comment-5826</link>
		<dc:creator>Jean Reuter</dc:creator>
		<pubDate>Fri, 21 Nov 2008 17:32:42 +0000</pubDate>
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		<description>Who are you to say being fat is a heath risk and higher insurance rate. I am over weight (220 LBS) I have been overweight for many many years now. I have worked at two jobs in the last 20 years. I climb in and out of Semi Truck day in and out. I do not have medical problems and haven&#039;t for many years. I have a friend who is not fat  in fact she is very skinny. Now would you want a skinny person coming in a picking you up to move you from one place to another. I know I wouldn&#039;t. What I heard in these blogs is discrimination. Just because a perosn is fat or skinny does not mean they can or can&#039;t do the job. Give me a break and very fat person in the world. Who are you to judge?</description>
		<content:encoded><![CDATA[<p>Who are you to say being fat is a heath risk and higher insurance rate. I am over weight (220 LBS) I have been overweight for many many years now. I have worked at two jobs in the last 20 years. I climb in and out of Semi Truck day in and out. I do not have medical problems and haven&#8217;t for many years. I have a friend who is not fat  in fact she is very skinny. Now would you want a skinny person coming in a picking you up to move you from one place to another. I know I wouldn&#8217;t. What I heard in these blogs is discrimination. Just because a perosn is fat or skinny does not mean they can or can&#8217;t do the job. Give me a break and very fat person in the world. Who are you to judge?</p>
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		<title>By: Tammy</title>
		<link>http://www.hrblunders.com/do-managers-discriminate-against-applicants-and-employees-because-they%e2%80%99re-overweight/comment-page-1/#comment-2760</link>
		<dc:creator>Tammy</dc:creator>
		<pubDate>Sun, 31 Aug 2008 09:46:36 +0000</pubDate>
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		<description>I lost my job a few months ago.   I have been trying to get a job since I lost it.  I have put in at least 20 applications.    I haven&#039;t had any of those places call me back.    I am about 270 pounds.    I feel that they see me only for my weight.    I was starting to lose weight before I lost my job but when I lost my job I went into a depression and gained weight again.    I am frustrated because its going to be awhile before I will look &quot;good&quot; to employees.   I am about to lose my house and my car because I have no income and have no one to help me.   I am frustrated because I feel that I am qualified for several different things.  I can&#039;t even get a job at a factory.  How sad is that?    I have some college courses in my pocket.     I have worked in human services field,  cook, and also worked in a bookstore.   I have experience and still no one will hire me.    I totally understand feeling like you are being discriminated against because of weight.    I cant&#039; imagine why I can&#039;t get any job I have applied for.   Hello,   I haven&#039;t job hopped.     I feel like I am a good employee.   My former co-workers and I worked well together.  I do feel like its my weight and its hard not too</description>
		<content:encoded><![CDATA[<p>I lost my job a few months ago.   I have been trying to get a job since I lost it.  I have put in at least 20 applications.    I haven&#8217;t had any of those places call me back.    I am about 270 pounds.    I feel that they see me only for my weight.    I was starting to lose weight before I lost my job but when I lost my job I went into a depression and gained weight again.    I am frustrated because its going to be awhile before I will look &#8220;good&#8221; to employees.   I am about to lose my house and my car because I have no income and have no one to help me.   I am frustrated because I feel that I am qualified for several different things.  I can&#8217;t even get a job at a factory.  How sad is that?    I have some college courses in my pocket.     I have worked in human services field,  cook, and also worked in a bookstore.   I have experience and still no one will hire me.    I totally understand feeling like you are being discriminated against because of weight.    I cant&#8217; imagine why I can&#8217;t get any job I have applied for.   Hello,   I haven&#8217;t job hopped.     I feel like I am a good employee.   My former co-workers and I worked well together.  I do feel like its my weight and its hard not too</p>
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		<title>By: J. CUMMINGS  RADIOLOGY MANAGER</title>
		<link>http://www.hrblunders.com/do-managers-discriminate-against-applicants-and-employees-because-they%e2%80%99re-overweight/comment-page-1/#comment-546</link>
		<dc:creator>J. CUMMINGS  RADIOLOGY MANAGER</dc:creator>
		<pubDate>Tue, 03 Jun 2008 14:32:50 +0000</pubDate>
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		<description>I am an employee in a state mental health facility.  I understand the concern of the facility.  Many of our patients have at one time been physically aggressive as well as escape risks.  I do believe that morbid obesity is a risk factor when it comes to the physical ability to protect psych patients, other clients, and staff that work with them.  
I have encountered staff members who have been &quot;resistant&quot; to help with patients because of &quot;back problems&quot;, which by the way, have not qualified them for light duty.  I am an X-Ray Tech and do need adequate patient supervision of patients when I am trying to concentrate on caring for them.

I believe that direct care staff in mental health facilities should undergo a physical agility/performance test as the Department of Corrections mandates, in order to cover themselves in situations such as this one.</description>
		<content:encoded><![CDATA[<p>I am an employee in a state mental health facility.  I understand the concern of the facility.  Many of our patients have at one time been physically aggressive as well as escape risks.  I do believe that morbid obesity is a risk factor when it comes to the physical ability to protect psych patients, other clients, and staff that work with them.<br />
I have encountered staff members who have been &#8220;resistant&#8221; to help with patients because of &#8220;back problems&#8221;, which by the way, have not qualified them for light duty.  I am an X-Ray Tech and do need adequate patient supervision of patients when I am trying to concentrate on caring for them.</p>
<p>I believe that direct care staff in mental health facilities should undergo a physical agility/performance test as the Department of Corrections mandates, in order to cover themselves in situations such as this one.</p>
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		<title>By: Fran</title>
		<link>http://www.hrblunders.com/do-managers-discriminate-against-applicants-and-employees-because-they%e2%80%99re-overweight/comment-page-1/#comment-90</link>
		<dc:creator>Fran</dc:creator>
		<pubDate>Wed, 23 Apr 2008 21:12:43 +0000</pubDate>
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		<description>Let&#039;s stop for a moment and consider what we&#039;re talking about ... what is the purpose of an interview afterall?  Trying to find the best QUALIFIED person to do the job.  It&#039;s not a popularity or beauty contest.  If you&#039;re not measuring the candidate by their qualifications to perform the job, then you should get out of management and definitely out of HR.  I don&#039;t know about you, but where I am located, we&#039;re having a hard time finding qualified candidates.  Quite frankly, none of this superfluous stuff matters -- I have job openings because my company has a legitimate need for more people.</description>
		<content:encoded><![CDATA[<p>Let&#8217;s stop for a moment and consider what we&#8217;re talking about &#8230; what is the purpose of an interview afterall?  Trying to find the best QUALIFIED person to do the job.  It&#8217;s not a popularity or beauty contest.  If you&#8217;re not measuring the candidate by their qualifications to perform the job, then you should get out of management and definitely out of HR.  I don&#8217;t know about you, but where I am located, we&#8217;re having a hard time finding qualified candidates.  Quite frankly, none of this superfluous stuff matters &#8212; I have job openings because my company has a legitimate need for more people.</p>
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		<title>By: Kari</title>
		<link>http://www.hrblunders.com/do-managers-discriminate-against-applicants-and-employees-because-they%e2%80%99re-overweight/comment-page-1/#comment-86</link>
		<dc:creator>Kari</dc:creator>
		<pubDate>Wed, 23 Apr 2008 17:06:55 +0000</pubDate>
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		<description>I don&#039;t think enough of the story is here to be able to tell for sure, but what I&#039;d like to know is:

1.  Did the state-run facility establish in the job description that &quot;helping evacuate in an emergency&quot; was an essential job function?  If not, they&#039;re on pretty shaky ground saying that was why she wouldn&#039;t be hired.
2.  Even if that was an essential job function, would Ms. Cook be able to perform the duty with or without accommodation (sounds in this story like the facility just ASSUMED she couldn&#039;t do it -- maybe she could??).

If both answers are no, Cook has a good case regardless of any metabolic dysfunction or disability...perceived, controllable or otherwise.  The task of concern needs to be an essential job function, and it needs to be confirmed whether it could be performed with accommodation.  I can&#039;t tell that from the story here...but that&#039;s the crux of the issue.

The fact that her weight might increase her risk of ailments should be of no concern to the company in terms of hiring her.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t think enough of the story is here to be able to tell for sure, but what I&#8217;d like to know is:</p>
<p>1.  Did the state-run facility establish in the job description that &#8220;helping evacuate in an emergency&#8221; was an essential job function?  If not, they&#8217;re on pretty shaky ground saying that was why she wouldn&#8217;t be hired.<br />
2.  Even if that was an essential job function, would Ms. Cook be able to perform the duty with or without accommodation (sounds in this story like the facility just ASSUMED she couldn&#8217;t do it &#8212; maybe she could??).</p>
<p>If both answers are no, Cook has a good case regardless of any metabolic dysfunction or disability&#8230;perceived, controllable or otherwise.  The task of concern needs to be an essential job function, and it needs to be confirmed whether it could be performed with accommodation.  I can&#8217;t tell that from the story here&#8230;but that&#8217;s the crux of the issue.</p>
<p>The fact that her weight might increase her risk of ailments should be of no concern to the company in terms of hiring her.</p>
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		<title>By: Margaret</title>
		<link>http://www.hrblunders.com/do-managers-discriminate-against-applicants-and-employees-because-they%e2%80%99re-overweight/comment-page-1/#comment-76</link>
		<dc:creator>Margaret</dc:creator>
		<pubDate>Mon, 21 Apr 2008 15:06:55 +0000</pubDate>
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		<description>I agree that overweight people should not be discriminated against - that&#039;s just wrong. But in Bonnie Cook&#039;s case, she was unable to perform the required functions of her job - and it&#039;s a job that cannot be modified for her inability to help patients.</description>
		<content:encoded><![CDATA[<p>I agree that overweight people should not be discriminated against &#8211; that&#8217;s just wrong. But in Bonnie Cook&#8217;s case, she was unable to perform the required functions of her job &#8211; and it&#8217;s a job that cannot be modified for her inability to help patients.</p>
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		<title>By: P. Cunningham</title>
		<link>http://www.hrblunders.com/do-managers-discriminate-against-applicants-and-employees-because-they%e2%80%99re-overweight/comment-page-1/#comment-74</link>
		<dc:creator>P. Cunningham</dc:creator>
		<pubDate>Mon, 21 Apr 2008 13:05:18 +0000</pubDate>
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		<description>I present the following purely for the sake of intellectual discourse: What happens if one takes into account the statistical facts that obese people will have more health problems and increased absenteeism? If this is not an issue now, it most likely will be in the future, as health-care costs continue to rise.</description>
		<content:encoded><![CDATA[<p>I present the following purely for the sake of intellectual discourse: What happens if one takes into account the statistical facts that obese people will have more health problems and increased absenteeism? If this is not an issue now, it most likely will be in the future, as health-care costs continue to rise.</p>
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		<title>By: Jeff</title>
		<link>http://www.hrblunders.com/do-managers-discriminate-against-applicants-and-employees-because-they%e2%80%99re-overweight/comment-page-1/#comment-64</link>
		<dc:creator>Jeff</dc:creator>
		<pubDate>Fri, 18 Apr 2008 19:47:28 +0000</pubDate>
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		<description>This is utterly ridiculous.  now we have to accept that fact that &quot;metabolic dysfunction&quot; is so difficult to reverse?</description>
		<content:encoded><![CDATA[<p>This is utterly ridiculous.  now we have to accept that fact that &#8220;metabolic dysfunction&#8221; is so difficult to reverse?</p>
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		<title>By: George Wackenheim</title>
		<link>http://www.hrblunders.com/do-managers-discriminate-against-applicants-and-employees-because-they%e2%80%99re-overweight/comment-page-1/#comment-61</link>
		<dc:creator>George Wackenheim</dc:creator>
		<pubDate>Fri, 18 Apr 2008 17:43:31 +0000</pubDate>
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		<description>Had the facility developed requirements that related to physically accomplishing a task that was essential, then determined that Cook could not perform that task as required and there was no reasonable accommodation (great being in HR ain&#039;t it!), they would have been on more solid ground than also stating that her weight put her at greater risk of developing serious ailments.  They would have had a much cleaner and perhaps easier case to defend.</description>
		<content:encoded><![CDATA[<p>Had the facility developed requirements that related to physically accomplishing a task that was essential, then determined that Cook could not perform that task as required and there was no reasonable accommodation (great being in HR ain&#8217;t it!), they would have been on more solid ground than also stating that her weight put her at greater risk of developing serious ailments.  They would have had a much cleaner and perhaps easier case to defend.</p>
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