Height and weight. The provisions of this chapter relating to height and weight do not apply to an action
by a covered entity based on a person's height and weight when such an action is required
by federal, state, or local law or regulation. Additionally:
(1)
In the area of employment, it is an affirmative defense that an individual's height
or weight prevents the individual from performing the essential functions of the job,
and there is no accommodation the covered entity could reasonably make that would
allow the person to perform the essential functions of the job without placing an
undue hardship upon the employer or fundamentally altering the essential nature of
the entity's programs or services, or posing a direct threat to the health and/or
safety of the individual or others.
(2)
In the areas of public accommodation, housing, and education, it is an affirmative
defense that a covered entity's decision based on height or weight criteria is reasonably
necessary for the execution of the normal operations of such covered entity, and there
is no alternative action the covered entity could reasonably take to reconcile the
conflict without placing an undue burden upon the entity or fundamentally altering
the essential nature of the entity's programs or services, or posing a direct threat
to the health and/or safety of the individual or others.
(3)
Nothing in this subdivision prevents a covered entity from offering incentives that
support weight management as part of a voluntary wellness program.
(i)