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Monday, November 8, 2010

OBESE EMPLOYEES-A LEGAL LIABILITY FOR INDUSTRY?

Fast food vendors like McDonald's, invariably called merchants of death because of their portfolio of calorie loaded foods causing obesity to many callous consumers are facing another problem of a different type, this time the threat coming from their employees. It is well known that these joints offer high calorie, high fat and high sodium foods with impeccable taste credentials attracting millions of unsuspecting consumers who are overwhelmed by the high level pecuniary satisfaction derived while consuming them, forgetting the long term effect of putting on weight, if they lead sedentary life styles with very little physical activity. Recent successful litigation by one of the obese employees against McDonald's, claiming that he became obese because of "tasting" the foods prepared in the kitchen every day as a part of his duty is an eye opener for the industry which, of course, will be more careful in drafting employment conditions in future.

"A Brazilian court ruled this week that McDonald's must pay a former franchise manager $17,500 because he gained 65 pounds while working there for a dozen years. The 32-year-old man said he felt forced to sample the food each day to ensure quality standards remained high, because McDonald's hired "mystery clients" to randomly visit restaurants and report on the food, service and cleanliness. The man also said the company offered free lunches to employees, adding to his caloric intake while on the job. His identity was not released. The ruling was signed Tuesday by Judge Joao Ghisleni Filho in Porto Alegre. Filho said McDonald's could appeal the case, and the Brazilian headquarters of the chain said in an e-mailed statement Thursday it was weighing its legal options. McDonald's also noted that it offers healthier food choices. "The chain offers a large variety of options and balanced menus to cater (to) the daily dietary needs of its employees," the company said in the statement".

Employer liability is normally confined to work place accidents and industry generally cover such contingencies with suitable insurance. Proving absolutely safe environment is also difficult because accidents often happen due to human error, though unsafe machines, work environment and improper working conditions also can contribute to a few mishaps. But claims by workers that free foods served to them as a part of the service benefits cause obesity is a new one and the legal interpretation by the Brazilian court has set a dangerous precedent that must be reconsidered. As any food technologist can tell, taste evaluators are not supposed to gorge large quantities and in many cases as the taste perception takes place on the tongue, the tasted material can always be spat.

V.H.POTTY
http://vhpotty.blogspot.com/
http://foodtechupdates.blogspot.com

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