<<Disclaimer: Verify this information before applying it to your situation.>>

(Re-Sent to list, as original poster's address was/is not valid ...
hopefully she didn't get fired)

> Heather <[log in to unmask]> asked:
> I guess I should clarify, were having "staff appreciation day" again
> ... Can my boss require I eat the restaurant food?

I hope your dinner out went well. As to the legal answer, NO, they cannot
force you to eat what they do when eating out. All you have to do is
register a "disability" (i.e., one of more life functions is restricted)
covered by the ADA with your human resources dept. Although an untested
area, the law is clear -- you need some accommodation to a required job
function (attend a staff meeting) in order to perform it (can't eat at a
some restaurants, but can at others or can bring own food). You may not like
calling it a _disability_, but this covers things like bad back (can't lift
over xx pounds or sit more than yy minutes at a time) or requiring breaks
from CRT work due to eye strain or wearing a brace or getting special
furniture when typing, not just being in a wheelchair or being deaf and
needing special equipment). This will also help when you are forced into bad
situations and end up having to take a day or two off to recover (FMLA
doesn't technically require a medical excuse anymore, but it does help
prevent retaliation).

They can require you to go.  They could even just let you starve (but, you
could probably sue under ADA for this, as they are paying for other staff to
eat and the accommodation required is not even a costly one ... no cost, in
fact, if there are alternatives where you can eat). You could bring your own
lunch to the meeting and order a soda (where all the profit in a rest. meal
is anyway).  They could ask you for a list of restaurants where you can eat
safely and pick one of those.  There are many accommodations that could be
worked out, none of which cost much (one provision under the ADA is
"reasonable cost" .. but even if they go to Outback instead of Applebee's
and the cost doubles each time, it would still be well under the level the
ADA considers "reasonable").

As to your co-worker, you can't account for how people abuse their bodies.
Any adult knows smoking harms them and WILL cause either lung cancer or
emphysema, in time. And several months or years of greatly reduced quality
of life. But, it doesn't stop them. Diabetics know they have to watch carbs
with EVERY meal (and properly balance either medication or insulin, as well
as exercise, watch their weight, change shoes every 6 months, be careful not
to get cuts, etc...). But, many don't and pay the consequences.  Obviously,
this person has mild or no symptoms and doesn't consider the shortened
lifespan to be a bad trade-off.

Good luck,
Karen Oland

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