Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
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Regional Vice President of Sales The Retirement Plan Company
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Bates & Company, Inc.
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Loan & Distribution Specialist AimPoint Pension
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AimPoint Pension
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Montana Court Says Obesity Is a Disability Per Se
HR Daily Advisor Aug. 2, 2012 "[The Montana] supreme court decided that obesity can be a qualifying disability, even without an underlying physiological cause -- a departure from most federal appellate courts' interpretations of the Americans with Disabilities Act.... [T]he court turned to the U.S. Equal Employment Opportunity Commission's ADA compliance manual for guidance. While the commission notes that being overweight, in and of itself, is generally not an impairment, 'severe obesity, which has been defined as body weight more than 100 percent over the norm . . . is clearly an impairment.' If an individual's weight meets that threshold, 'there is no explicit requirement that the obesity be based on a physiological impairment,' the court explained." [BNSF Railway Co. v. Feit (Mont. July 6, 2012)] |
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