ABSTRACT
Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990. s $ISCUSSEMPLOYERS RESPONSIBILITIES TOPROVIDE REASONABLEACCOMMODATION TOAP-
plicants or employees with disabilities. s 5NDERSTANDPRIVACYANDCONlDENTIALITYREQUIREMENTSIMPOSEDONMEDICALINFORMATION
OPENING SCENARIO
A woman who was 5′2″ tall and weighed 320 pounds applied for the position of “institutional attendant for the mentally retarded (IA-MR)” at the state Mental Health Retardation Hospital (MHRH).1 During a pre-employment physical examination, a MHRH nurse noted that the applicant was morbidly obese, but found no limitations to her ability to perform as an IA-MR. Medically, a person is considered morbidly obese when that individual weighs more than twice his or her optimal weight, or is in excess of 100 pounds over his or her optimal weight. Based upon this information, the director of the MHRH rejected the applicant because he felt her obesity might hamper her ability to evacuate patients in the event of an emergency, placed her at a greater risk of developing serious ailments, and could increase the likelihood of the applicant filing a workers’ compensation claim.2
