News & Analysis as of

Ugh! – Does this ADA Claim Make Me Look Fat?

We are all familiar with the Americans with Disabilities Act. The ADA prohibits discrimination based upon actual or perceived medical disabilities, and the ADA requires employers to accommodate employees with disabilities...more

Another Judge Finds that Obesity May be a “Disability” Under the ADA

Yet another federal court judge, the Honorable Stephen N. Limbaugh, Jr. of the Eastern District of Missouri, recently ruled, in Whittaker v. America’s Car-Mart, Inc., that an employee’s severe obesity could constitute a...more

Employers, Check Your Weight-Bias: Obesity, Disability, And The Broadened Coverage Of The ADAAA

A study released by the Center for Disease Control in August 2012 estimates that 32 percent of adults in Alabama are obese. Alabama regularly appears in the Top Five of the list of “heaviest states,” currently weighing in at...more

Obesity as a Disability Under the ADA: Is it More Likely Now Than Before?

In July, the American Medical Association (AMA) adopted a new policy that officially labels obesity as a disease, “requiring a range of medical interventions to advance obesity treatment and prevention.” According to the...more

AMA’s Recognition of Obesity as a Disease May Trigger Increased Claims under Employment Practices Liability Coverage

In June, the American Medical Association (AMA) adopted a policy recognizing “obesity” as a “disease” requiring a range of medical intervention. With “obesity” now recognized as a “disease” by the AMA, obese employees may be...more

Legal Alert: Obesity Is A Disease, But Is It A Disability?

The American Medical Association's (AMA's) declaration that obesity is a disease could open the door to a new wave of lawsuits under the Americans with Disabilities Act (ADA). ...more

Is obesity a disease? The American Medical Association says “yes”; the Americans with Disabilities Act says . . .

In June 2013, the American Medical Association (AMA) declared obesity a disease. The president of the AMA gave several reasons for this declaration “[R]ecognizing obesity as a disease will help change the way the medical...more

Employment Law -- Aug 13, 2013

EEOC Targets Cancer Discrimination - Filing two new lawsuits, the Equal Employment Opportunity Commission is cracking down on employers allegedly discriminating against workers with cancer. In Oklahoma the...more

Will Obesity Claims Be the Next Wave of ADA Litigation?

In a new federal lawsuit in the U.S. District Court for the Eastern District of Missouri, Whittaker v. America's Car-Mart, Inc., the plaintiff is alleging his former employer violated the Americans with Disabilities Act (ADA)...more

Obesity as a Disease: Accommodation Required?

Last month, the American Medical Association (AMA) adopted a new policy recognizing obesity as a disease. As approximately one in three Americans qualifies as obese, the AMA's newly adopted approach to this epidemic likely...more

Act Now Advisory: EEOC's Disabilities Guidance Updates Coincides with the APA's Manual of Mental Disorders Update and the AMA's...

On May 15, 2013, the Equal Employment Opportunity Commission ("EEOC") updated its prior guidance regarding cancer, diabetes, epilepsy, and intellectual disabilities, so as to clarify employers' obligations under the Americans...more

Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more...more

Is Obesity A Disability Under The New ADA? Probably.

Is obesity a "disability" entitled to protection under the Americans with Disabilities Act? As our nation allegedly gets more zaftig this question could take on enormous significance. ...more

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