News & Analysis as of

Obesity Disability Disability Discrimination

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

Is Obesity a Disability Under Texas Law?

Most employers in Texas are likely aware that the Americans with Disabilities Act (ADA) and the Texas Commission on Human Rights Act (TCHRA), which is similar to the ADA, protect most job applicants and employees from...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Says Morbid Obesity Is Not ADA Disability

In recent years, federal courts have increasingly split over whether obesity in and of itself is a qualifying medical condition under the Americans with Disabilities Act. The EEOC and some courts have concluded that obesity...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Finds Obesity a Protected Disability Under State Law

In recent years, a number of federal courts have drawn differing conclusions with regard to whether obesity is a protected disability under the Americans with Disabilities Act. While some courts have reached this conclusion,...more

Jackson Lewis P.C.

Can An Employer Refuse To Hire An Employee Because Of The Employee’s Risk Of Developing A Disability?

Jackson Lewis P.C. on

The Seventh Circuit joins the Eighth, Ninth and Tenth Circuits in holding that such a refusal would not violate the Americans with Disabilities Act. In Shell v. Burlington Northern Santa Fe Railway Company, No. 19-1030, the...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

Dentons

Is Obesity an ADA-Covered Disability? Courts in Conflict

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There is debate among employers as to whether or not being morbidly obese is considered an ADA-covered disability. Do you have to accommodate limitations that may be caused by obesity by treating it as a disability?...more

Jackson Lewis P.C.

Washington Weighs In On Obesity Discrimination

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The state of Washington has weighed in on the debate as to whether obesity is a disability under disability discrimination laws. In Taylor v. Burlington Northern Railroad Holdings Inc., a case that wound its way through the...more

Laner Muchin, Ltd.

Obesity Not An ADA Disability Without Underlying Physiological Condition

Laner Muchin, Ltd. on

On June 12, 2019, the Seventh Circuit Court of Appeals held in Richardson v. Chicago Transit Authority that extreme obesity only qualifies as a disability under the Americans with Disabilities Act (ADA) if it was caused by an...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

Constangy, Brooks, Smith & Prophete, LLP

Another court says obesity is not a "disability": Employment & Labor Insider

The U.S. Court of Appeals for the Seventh Circuit ruled this week that severe obesity is not a "disability" within the meaning of the Americans with Disabilities Act unless it is caused by a physiological disorder....more

Blank Rome LLP

“Obesity Alone” Is Not a Disability under the New Jersey Law against Discrimination

Blank Rome LLP on

Earlier this month, a three-judge panel for the Appellate Division of the Superior Court of New Jersey affirmed a 2018 trial court decision granting summary judgment against a self-described obese former bus driver for...more

Jackson Lewis P.C.

Federal Court Of Appeals To Decide Whether Morbid Obesity Is An Impairment

Jackson Lewis P.C. on

We know that the ADAAA (Amendments Act of 2008) substantially altered the landscape for review of claims asserting a disability. But are employees still required to show some sort of disorder or impairment to state a claim?...more

BakerHostetler

State Court Asked to ‘Weigh In’ on Whether Obesity Constitutes an Impairment Under Anti-Discrimination Law

BakerHostetler on

On Sept. 17, 2018, the Ninth Circuit Court of Appeals certified to the Washington Supreme Court the question of whether obesity qualifies as an “impairment” and thus a “disability” under the state’s anti-discrimination law....more

Foley & Lardner LLP

Is Being Overweight an Impairment?

Foley & Lardner LLP on

According to the Centers for Disease Control and Prevention (CDC), approximately 40 percent of U.S. adults are obese. The CDC uses the Body Mass Index (BMI) as the benchmark for obesity. BMI is a calculation based on height,...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

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

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

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

Parker Poe Adams & Bernstein LLP

Morbid Obesity Must Have Physiological Cause to Gain ADA Protection

Since the Americans with Disabilities Act was adopted, the Equal Employment Opportunity Commission has considered morbid obesity to fall within the definition of a protected disability. Earlier this month, the Eighth Circuit...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

Littler

Obesity Alone as a Disability? Slim Chance, Says Eighth Circuit

Littler on

A memorable scene from the dark comedy “In Bruges” features a clash between a disgraced Irish assassin, played by Colin Farrell, and three portly American tourists after Farrell’s character warns them not to climb the narrow...more

Foley & Lardner LLP

Obesity Not A Disability Without An Underlying Medical Cause

Foley & Lardner LLP on

In June of last year, we pondered whether obesity is a mere physical characteristic or a disability protected by the Americans with Disabilities Act (ADA) as now amended by the Americans with Disabilities Act Amendments Act...more

Dorsey & Whitney LLP

Question #274: Opining on Obesity

Dorsey & Whitney LLP on

Question: We have a large meat processing facility in Northern Minnesota. We were recently hiring for one of our positions in the plant requiring work with large mechanical equipment. Because we consider this position to be...more

Proskauer - Law and the Workplace

Eighth Circuit Holds That Obesity That Is Not Caused By an Underlying Physiological Condition Is Not a Covered “Impairment” Under...

In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act...more

Baker Donelson

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

Baker Donelson on

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

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