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Obesity Is a New Protected Class in Washington State

The Washington Supreme Court held for the first time that obesity is a protected class under state anti-discrimination law (The applicant v. Burlington Northern Railroad Holdings, Inc.). This decision runs counter to recent federal court decisions in other parts of the country that have said obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under federal law.

The main reason for this distinction is that Washington state disability discrimination law offers broader coverage than the federal Americans with Disabilities Act (ADA).

While Washington employers may have grown accustomed to expansive disability discrimination protections, the decision goes further than ever before and may require them to immediately adjust employment practices.

Applicant’s Job Offer Rescinded

The applicant received a conditional offer of employment to work for BNSF Railway Company as an electronic technician, but the offer was contingent on him passing a physical examination and completing a medical history questionnaire to the company’s satisfaction. The medical evaluation revealed that the applicant was 5 feet 6 inches tall and weighed 256 pounds, resulting in a Body Mass Index (BMI) of 41.3.

Because a BMI over 40 is considered “severely” or “morbidly” obese, BNSF informed the applicant that it was unable to determine whether he was medically qualified for the job due to the significant health and safety risks associated with his physical condition. It further informed him that it was company policy to not hire anyone who had a BMI over 35, and that if he did not agree to pay for expensive additional medical testing to further examine his condition, his only other option was to lose 10 percent of his weight and keep it off for six months.

The applicant was unemployed and without medical insurance or other benefits to assist him in paying for the proposed testing, and therefore, he declined the company’s alternative proposals. Instead, he sued the railway company, alleging discrimination under the Washington Law Against Discrimination (WLAD) for refusing to hire him due to a perceived disability—obesity.

A federal court initially dismissed his claim, relying on federal cases interpreting the law to indicate that obesity is not a disability unless caused by a separate, underlying physiological disorder (and the applicant had no such disorder). But the 9th U.S. Circuit Court of Appeals believed that the applicant may have had a valid claim and was not ready to affirm the lower court’s dismissal. Instead, it sent the matter to the Washington Supreme Court and asked it to resolve the issue by applying state law.

Covered Under State Disability Law

The Washington Supreme Court answered the question by issuing an unprecedented decision that “obesity is always an impairment under the plain language of [the WLAD] because the medical evidence shows that it is a ‘physiological disorder, or condition’ that affects many of the listed body systems.” Putting it bluntly, the court said that “obesity does not have to be caused by a separate physiological disorder or condition because obesity itself is a physiological disorder or condition under the statute.”

The court went through a detailed analysis of obesity in order to reach this conclusion. It noted that obesity is not merely the status of being overweight, but instead is recognized by the medical community as a “primary disease.” It listed the many physiological reasons why an individual may suffer from obesity, ranging from genetic predisposition, endocrine disruption, an imbalance between energy intake and expenditure, to intrauterine grown restriction. And while certain disorders could contribute to obesity (such as tumors, eating disorders, hypothyroidism and various syndromes), the court noted that obesity may occur in people without such disorders being present.

The court emphasized that the WLAD is broader than its federal counterpart, the ADA, and therefore coverage can be found under state law even when possibly absent under federal law.

The court specifically declined “to use federal interpretations of the ADA to constrain the protections offered by the WLAD.” For example, the regulations interpreting the statute make clear that “abnormal” physical conditions deserve protection under Washington law, while no such provision appears in the ADA.

BNSF argued that weight should not be considered an abnormality because it is not an immutable characteristic and could be altered by the individual. Moreover, the defense argued, a large percentage of the population is obese (some 29 percent of adults in Washington were obese in 2016 according to BMI statistics) and therefore it could not be an abnormal condition. But the court rejected these arguments, noting that “abnormality” refers to something other than statistical frequency and was not limited to immutable states of being.

The court concluded by ruling that workers and applicants can gain the protections of the WLAD even if they aren’t obese, but that it is sufficient for actual or potential employers to perceive them as having the impairment of obesity.

“Because obesity qualifies as an impairment under the plain language of our statute,” the court concluded, “it is illegal for employers in Washington to refuse to hire qualified potential employees because the employer perceives them to be obese.”

What Does this Mean for Employers?

The decision could have far-reaching effects for Washington employers. First and foremost, if they use physical examinations or medical questionnaires to assist in the hiring process, they should immediately consult with their labor and employment counsel on how to proceed when it comes to inquiries and standards surrounding weight. Once they have determined the safest and most appropriate course of conduct, they should also provide written instructions to any third-party testing providers about their policies and hiring standards.

Next, they may want to consider reviewing and revising anti-harassment, anti-discrimination and anti-retaliation policies to reflect that obesity is now a protected class under Washington law. It may be sufficient for hiring managers and other supervisors to know about this change in the law, but an employer’s particular circumstances may warrant a clear enunciation of this new standard.

Employers should also be prepared to adjust their reasonable accommodation practices to reflect this change. If an existing employee indicates that he or she needs to be accommodated because of obesity, or applicants articulate their need for reasonable accommodation in order to perform the essential functions of the job, employers should be prepared to go through the typical interactive process as they would for any other disability.

Finally, employers should incorporate this shift in the law into training materials. Hiring managers need to know about new policies, supervisors and managers need to understand the contours of the new law, and all staff need to be aware that harassment based on someone’s obesity is strictly prohibited under the company’s policies.

Margaret Burnham is an attorney with Fisher Phillips in Seattle. © 2019 Fisher Phillips. All rights reserved. Reposted with permission. 

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New Post has been published on Globeinfrom

New Post has been published on https://globeinform.com/technical-seo-suggestions-and-advice-on-your-a-higher-blog/

Technical Seo Suggestions And Advice On your a Higher Blog

Test That Your Most Vital Assets Are Crawlable

Photograph result for Technical SEOSimply searching into your robots.Txt file won’t be enough for checking whether or not your website is crawlable. Robots.Txt does an awesome process with regards to preventing robots from crawling and indexing certain pages, however, there can be other reasons why a number of your pages get blocked. This is why you have to use a Search engine optimization crawler, so as to ensure search engines like google and yahoo can get entry to all pages of your internet site.

Keep in mind that Google has now the capability to render pages the way cutting-edge browsers do it. This is why in 2017, it’s no longer enough to make sure crawlers can get entry to your pages, as they also want to study your CSS and JavaScript files. If your CSS files can’t be listed, Google might not see your pages nicely, and their styleless version goes to be illegible. Further, if you need Google to index your dynamic content material, you need to give them get right of entry to for your JS documents.

If you have to check a website depending closely on JavaScript or built with AJAX, you can discover a crawler which could render JavaScript such as internet site Auditor and Screaming Frog.

Cast off your “shallow content material” or prevent it from getting indexed.

If your internet site is antique, you can already have loads of low-quality content material published and indexed. A few years ago, the common trend was to submit 500 phrases articles, so only a few human beings with writing longer posts. Nowadays, This is not anything else than a large footprint for ‘skinny content’, so I’d do my first-rate to Get rid of these pages as quickly as viable.

Check out the Engines like google, and take a look at the blogs that rank nicely Nowadays. They all have very long articles, with lots of useful records.

This indicates you need to search for all of your thin content material and delete it without delay. in case you don’t want to bodily delete most of these posts and pages, you can assign them the “no index” tag, so as to prevent search engines like google from indexing them within the Search engines like google.

I would personally delete these pages in preference to “index” them, due to the fact de-indexing can take a totally long time, and that I simply don’t need them on my sites.

If those short pages include content, you shouldn’t delete them. Despite the fact that, you must recollect including more information, as a way to lead them to extra regular. After you are carried out including statistics, you could ship the URL via Google Webmaster Equipment to have it indexed once more.

Use Internal Linking to your Benefit

Do you conflict to get hyperlinks from high authority websites? You have to leverage your Internal linking above different matters. in case you’re beginning a Blog, do that from the beginning because it will shop time inside a long time.

Take a better observe your sitemap.

You recognize that sitemaps are extremely Essential when it comes to Seo. They’re the ones that tell search engines like google and yahoo on the shape of your internet site, thus rushing up the invention of your pages. Right here’s what you ought to be seeking out:

– Freshness: ensure that your XML sitemap receives updated whenever you upload new content.

– Cleanness: Eliminate all garbage from your sitemaps by using doing away with all 4XX pages, all non-canonical and redirected URLs, and all pages marked with the “no index” tag. In case your sitemap is choked complete of such pages, search engines might also determine to ignore it completely. you could Test your sitemap for errors on your Google search Console, underneath Crawl > Sitemaps.

– Length: Google crawls up to 50,000 URLs, so having a bigger sitemap is pointless. As a rely on truth, your sitemap must be a good deal smaller than this. Many Seo specialists say that reducing the number of URLs in your sitemap may additionally result in having it crawled extra frequently and greater efficaciously.

Always Consist of Relevant Key phrases inside the Alt Tag Of Your Photographs

Google can’t recognize Pictures, so it has to rely on metadata to understand and rank Pictures. This is why your alt textual content should Constantly Consist of the Maximum Applicable Keywords. Use it to describe your Image.

9 Guidelines For a Higher Weblog Blogging is a high-quality manner to share statistics, thoughts, thoughts, reviews and evaluations but with the hundreds of thousands of blogs out there it is easy to wander off in the crowd. It takes time to get human beings to discover the Weblog after which to end up dependable readers. Every blogger with a large amount of readers/subscribers will tell you that they began off the identical way as anybody else with 0 readers and built it up. Blogging no question is a long time commitment that can’t be a chore. There has to be passion that comes thru your posts that readers can relate to. At the same time as a few ought to argue that how can a reader sense your passion for your a way to Weblog post, it is there because you are there every day or whichever your very own posting schedule is. you’re there to greet them and proportion what you’ve got to say and this is wherein the ardour starts of evolved to come back via. The day you lose the ardour, the day your posts begin to go through and poof the readers flow on. now not even the seasoned vets will write a put up ever day that ever reader holds onto their ever phrase and loves it. it’s miles the fact of Running a blog – you simply can not please anyone each day. This is not to deter however to inspire to preserve on writing. Writing a amazing Weblog is an ongoing gaining knowledge of enjoy. Suppose back on your first Weblog and how much Higher the following ones have become simply by means of turning into greater comfortable and additionally getting some traffic. want to have a Better Weblog? Right here are some things I have learned and placed to the test.

9 Guidelines for a Better Weblog

1. Discover your niche. That is the first step to having a top notch Weblog. See in which you may fit in within that niche. if you are a social media marketing Blog, then realize all matters social and notice what is out there and where you may upload cost to readers.

2. know your topic inside & out. With all the blogs available you have in order to be a face within the crowd. Understanding the whole lot about your subject matter location may be the difference in putting you aside and getting examine. if you are talking approximately a brand new iPhone app. You Better be the use of it to peer the way you have interaction with it and not the other Weblog submit you simply read.

3. examine, read and study different blogs. read as many enterprise blogs and you may in addition to hobby blogs. Do now not just study the actual popular ones, locate ones that might not be so popular but have extremely good stuff. Such a lot of thoughts and thoughts for new articles come from reading other blogs. This allows to preserve you abreast of what is going on and additionally helps with differentiating yourself. in case you simply examine 5 blogs that have almost the equal precise Suggestions, locate ways to exchange yours up.

four. Embrace remarks. Properly or awful Embody Each Weblog remark you get as usually a complaint/critique is a present. remark lower back for your remarks in your Weblog. Have a ordinary commenter, send them an electronic mail thanking them for their contributions.

5. comment often on blogs. This was once touch upon blogs and people ran to as many blogs as feasible and were a 1 or 2x commenter. Of route there are instances wherein there is a Weblog or 2 that writes some thing of interest to you and you remark and they in no way write something similar once more. Adequate now not those however the blogs that you want to study, remark frequently so human beings get to recognise you after which come and read your Weblog.

6. Write exciting stuff. Take a read over earlier than you submit and ask your self will they study some thing from this? Have I given them some thing to walk away with?

7. Prevent writing for the numbers. Sure the numbers are Vital but to write a post with the only aim in thoughts being to get 10 new subscribers is a by no means finishing chase. Stop chasing and write to who’s analyzing. The numbers will come with extremely good stuff.

8. Be unique. Getting mind and ideas from different posts or even the use of them as a part of your submit to emphasize a point is incredible however taking a publish and claiming it your personal isn’t best going to get you referred to as out however flip off readers. once more, Stop chasing the numbers.

nine. Be proud however humble. A publish this is referenced in some other Blog that drives visitors is so worthwhile and is so inviting to tell everybody resist the urge. Do cartwheels, excessive fives and dance around however flaunting in a Weblog put up is just not the location. Publication is probably a Better location.

Blogging is some thing that you have to revel in and can’t be a something you have to do to hold up the numbers. As generation changes what you are doing Nowadays to sell your Weblog may additionally alternate however what is going to in no way exchange is the readers. Write exquisite content material that people walk away from being inspired, having found out, proportion or disagree together with your opinion is what a in reality Excellent Weblog is all approximately.