Obesity as a Disability?

The 2008 Amendment to the Americans with Disabilities Act (“ADA”) have greatly changed the legal definition of what constitutes a “disability.”  With the passing of the 2008 amendment, the definition of disability may now be construed broadly, giving a wider scope of protection to employees. Even prior to the amendment, some courts held that obesity could qualify as a physical or mental impairment, if it was caused by a physiological disorder.  Now, obesity may be considered a disability even if it was not caused by a physiological disorder.  See e.g. Lowe v. American Eurocopter, LLC, 2010 U.S.Dist. LEXIS 133343, **23, 25 (N.D. Miss. Dec. 16, 2010); EEOC v. Resources for Human Dev., Inc., 827 F.Supp.2d 688, 694 (E.D. La. 2011).

On July 24, 2012, the Equal Employment Opportunity Commission (“EEOC”) stated that “the law protects morbidly obese employees and applicants from being subjected to discrimination because of their obesity.” http://www.eeoc.gov/eeoc/newsroom/release/7-24-12c.cfm. The EEOC filed suit against BAE Systems Tactical Vehicle Systems, LP (“BAE”), alleging BAE fired an employee because of his disability, morbid obesity.  The EEOC said that at the time of his discharge, the employee was qualified to perform the essential functions of his position as a material handler, and said that the company did not engage in any discussion with the employee to determine whether reasonable accommodations were possible that would have allowed him to continue to perform his duties.  The company had to pay $55,000 to the employee and provide him with six months of outplacement services. 

Employers should therefore revisit their current hiring and training practices for employees to prevent disability discrimination lawsuits on the basis of obesity.  For more information, contact Kaye Law Offices, P.A.