News & Analysis as of

Obesity Equal Employment Opportunity Commission (EEOC) ADAAA

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

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

Seventh Circuit Holds That Obesity Alone Is Not a Protected Disability Under the ADA

In a matter of first impression before the court, the U.S. Court of Appeals for the Seventh Circuit recently held in Richardson v. Chicago Transit Authority, Nos. 17-3508 and 18-2199 (June 12, 2019), that obesity is not a...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

Jackson Lewis P.C.

Weighty Issues: Obesity And The But-For Test Under The ADAAA

Jackson Lewis P.C. on

Obesity is still a hot topic both in our health conscious culture and in our courtrooms where we continue to see ADAAA claims based on the notion that an employer fired an employee because the employee was obese. After the...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

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

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

BakerHostetler

The ADA Celebrates Its 25th Anniversary – A Look Back at the Development of the Act

BakerHostetler on

Twenty-five years ago this week, the Americans with Disabilities Act of 1990 (“ADA”) was enacted into law with its stated purpose being “to provide clear, strong, consistent, enforceable standards addressing discrimination...more

Maynard Nexsen

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

Maynard Nexsen on

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

Baker Donelson

Obesity as a Disease: Accommodation Required?

Baker Donelson on

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

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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