News & Analysis as of

Obesity Reasonable Accommodation Americans with Disabilities Act (ADA)

Fisher Phillips

Current Trends In Combating Weight Discrimination In The Workplace

Fisher Phillips on

Employers everywhere should be well-versed in the main federal civil rights laws, offering protection to your employees and applicants from workplace discrimination based on age, disability, sex, gender, religion, race, and...more

Hinshaw & Culbertson LLP

Seventh Circuit Issues Another ADA Decision Involving Obesity Disability, Finds Future Impairments Are Not Covered

Hinshaw & Culbertson LLP on

The Seventh Circuit Court of Appeals has issued another ruling regarding an obesity-related disability accommodation request under the American with Disabilities Act (ADA). Earlier this past summer, we reported on another...more

Davis Wright Tremaine LLP

Obesity Is Always a Disability Under the Washington Law Against Discrimination

In a departure from the federal Americans with Disabilities Act (ADA) and other state anti-discrimination laws, the Washington Supreme Court (7-2) recently ruled that obesity “always” qualifies as an impairment under the...more

Perkins Coie

Washington Supreme Court Holds That Obesity Is Protected Against Discrimination

Perkins Coie on

The Washington State Supreme Court recently held obesity qualifies as an impairment under the Washington Law Against Discrimination (WLAD). The decision runs counter to other court decisions across the country finding obesity...more

Dorsey & Whitney LLP

Obesity Is A Disability, Washington Supreme Court Rules

Dorsey & Whitney LLP on

The Washington Supreme Court yesterday ruled, for the first time in Washington, that obesity can be a disabling condition that protects workers from discrimination and requires accommodation. Employee, Casey Taylor, sued...more

Cozen O'Connor

When is Obesity a Disability under the ADA?

Cozen O'Connor on

Complying with the Americans with Disabilities Act poses difficult challenges for employers, and one of the toughest issues to come along in recent years is how to deal with obese employees. Thanks to a new decision by the...more

Bradley Arant Boult Cummings LLP

Case of the Big Bus Driver: Seventh Circuit Joins Other Circuits in Rejecting Obesity, without Other Physiological Condition, as...

Obesity has been recognized as a disease by the American Medical Association, National Institutes of Health, and the World Health Organization. Does that mean obesity qualifies as a physical impairment under the Americans...more

Fisher Phillips

Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

Fisher Phillips on

A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more

FordHarrison
Richardson v. Chicago Transit Authority

FordHarrison Files Amicus Brief in Obesity Discrimination Case

FordHarrison on

CHICAGO – FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, filed an Amicus Curiae brief in the Seventh Circuit on behalf of the Illinois Association for Defense Trial Counsel in...more

Ruder Ware

Obesity as Perceived Disability

Ruder Ware on

I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act. I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer...more

Ruder Ware

Obesity as a Disabling Condition in Wisconsin?

Ruder Ware on

A recent decision from the State of California has held that obesity is considered a protected disability under California law if the condition of obesity is caused by a psychological condition. This gave me pause to wonder...more

Sheppard Mullin Richter & Hampton LLP

Obese Employees May Be Protected Under FEHA

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

Zelle  LLP

Is That a Disability?

Zelle LLP on

We recently wrote about the $3.3 million verdict in a disability discrimination case brought by an employee who is allergic to certain scents and chemicals. For some of our readers, it came as a surprise that a scent allergy...more

Ruder Ware

Recent Disability Discrimination Cases Outline Employer Responsibilities

Ruder Ware on

Two recent decisions regarding disability discrimination have outlined an employer’s responsibilities when dealing with a potential claim of disability and need for accommodation. These decisions offer reminders for...more

Saul Ewing LLP

Obesity and the Americans With Disabilities Act

Saul Ewing LLP on

Earlier this week, the Supreme Court denied a petition for review from a case holding that morbid obesity, without an underlying physiological condition, is not a “disability” under The Americans With Disabilities Act (ADA)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is Obesity a Disability Under the ADA Not Without Physical Impairment Eighth Circuit Rules

Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more

Baker Donelson

Courts Cut the Fat, Clarify When Obesity is a Disability Under the ADA

Baker Donelson on

The ADA prohibits discrimination based upon actual or perceived medical disabilities and requires employers to accommodate employees with disabilities subject to certain exceptions. The ADA Amendments Act of 2008 effectively...more

Bradley Arant Boult Cummings LLP

What Tips the Scale? Obesity as a Perceived Disability Under the ADA

Employers often call with questions about the Americans with Disabilities Act (ADA) as they navigate when and how to make reasonable accommodations for employees with known disabilities. Most are generally familiar with the...more

Mintz - Employment, Labor & Benefits...

Something is Rotten at the Pork Roll Company … and it’s not the Pork Rolls: Flatulent Employee (and his Wife) Bring Claims for...

Is passing gas now protected by our anti-discrimination laws? Over the past several years, we have written extensively about the possibility of obesity discrimination lawsuits becoming the next wave of disability...more

Fisher Phillips

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

Fisher Phillips on

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

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