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Lifestyle choices not an employer's responsibility
This is an awful legal precedent. First, you are absolving the individual of their responsibility to maintain a healthy lifestyle. Second, you are making the employer responsible for something completely out of their control. It's a no-win situation for employers.

The accident happened, yes, but it was aggravated by the pre-existing condition that was a choice by the employee - not the employer. The judge is erroneously deciding that the employee has no fault in the matter, when in fact they have significantly contributed to the problem in the first place.

Decisions like this will lead employers to request BMI (Body Mass Index) as a screening test for employment. It's the only thing they can do. And in response, the government will declare obesity as a protected status.

This is a bad slippery slope.
Posted by blarman
30th Oct 2009