WE HAVE AN EMPLOYEE THAT WAS HIRED A WHILE AGO AND WAS OVERWEIGHT AT HIRING AND COULD PERFORM ALL DUTIES INCLUDED IN HIS WAREHOUSE AND DELIVERY DRIVING POSITION THAT HE WAS HIRED FOR. NOW THIS MAN IS OBESE TO THE POINT THAT IT IS EFFECTING HIS PERFORMANCE. HE CAN NO LONGER PERFORM SOME OF THE DUTIES NEEDED AND THERE ARE NOT SAFETY HARNESSES LARGE ENOUGH TO FIT HIM SO HE IS UNABLE TO USE THE EQUIPMENT DUE TO SAFETY. SECONDARY, THERE IS A SEVERE BODY ODOR PROBLEM, THAT WE CAN ADDRESS PERSONALLY WITH THE PERSON. HOW DO WE ADDRESS THE FACT THAT HE CAN NO LONGER PERFORM HIS JOB AND THERE IS NO OTHER POSITION TO SWITCH HIM TO? WILL THE ADA HAVE ISSUE IF THIS MAN IS LET GO? ALSO, IF THE ODOR PROBLEM DOES NOT RESOLVE WHAT OPTIONS DO WE HAVE, IT IS OFFENSIVE AND NO OTHER WORKERS WILL WORK WITH HIM AND SENDING HIM TO OUR CUSTOMERS LIKE THAT FOR DELIVERIES HAS BECOME AN ISSUE?

For years the courts have held that obesity is not a disability. However, in March of this year, a decision came down considering an applicant’s obesity covered under the ADA. https://www.natlawreview.com/article/obesity-regarded-disability-under-ada

So, if you approach the weight as a potential ADA issue you may also want to approach the body odor in the same way. https://askjan.org/soar/other/bodyodor.html

Proceeding with these two conversations, you may want to leave out the question of weight and poor hygiene and focus on job performance. Make sure you are addressing failures to meet goals and daily or weekly objectives. Review the core/primary functions of the position. He clearly has been able to meet these until more recently. So, focus on that. Instead of telling him he is too heavy – ask him why he believes his work is suffering. When addressing the BO, discuss this in a caring manner and be honest about comments customers are making and how this seems to be a relatively new development. Ask him why he believes this issue has been raised and ask what he believes is a good plan to relieve these issues moving forward. https://askjan.org/soar/obesity/obesity.html

When addressing the issue of the safety harness, this could be valid and OSHA would require you to address this. But, be sure you consider the difference between no safety harnesses available in your workplace vs. no harnesses made in his size. If there are harnesses you can purchase that will fit him, you normally must do so.

The interactive process is an excellent guide for these discussions: https://helpdeskforhr.com/knowledgebase/the-interactive-process/

https://helpdeskforhr.com/knowledgebase/ada-interactive-process-guidance/

The ADA says accommodations must be made when possible if you are dealing with a perceived disability. But, after all reasonable options have been exhausted and the issue has clearly presented a hardship to the company, dismissal is deemed appropriate. https://www.eeoc.gov/facts/fs-ada.html

I hope this helps.

Please let me know if I can be of further assistance.