On August 20, 2019, the Ninth Circuit dodged answering the question of whether morbid obesity is a disability under the Americans with Disabilities Act. In Valtierra v. Medtronic Inc., No. 17-15282, the Ninth Circuit affirmed the District Court’s grant of summary judgment in favor of the defendant, but came short of joining the Second, Sixth, Seventh and Eighth Circuits in explicitly holding that obesity cannot constitute a disability under applicable EEOC regulations unless there is evidence that the obesity is caused by an underlying physiological condition.
Continue Reading Ninth Circuit Dodges the Question of Whether Morbid Obesity is an “Impairment” Under the ADA; EEOC Says Yes
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Is Santa Disabled? Obesity, The ADAAA, and The Most Famous Driver Of All
The most famous reindeer of all may be Rudolph, but St. Nick has the lock on being the most famous driver in the entire transportation industry. And with such an incredible safety record and history of on-time deliveries, would we ever think of Santa as being disabled under the ADAAA?
Continue Reading Is Santa Disabled? Obesity, The ADAAA, and The Most Famous Driver Of All
Court Again Approves Safety-Based Medical Examination without Individualized Assessment
Does an employer violate the Americans with Disabilities Act (ADA) if it requires an entire class of employees to undergo a medical examination without assessing each class member’s individual characteristics? Filling a relative void in case law, the Eighth Circuit recently said no – at least where the employer has credible safety concerns and seeks to comply with federal regulations and guidelines.
Continue Reading Court Again Approves Safety-Based Medical Examination without Individualized Assessment
Obesity, Like a Neon Green Mohawk Hairdo, Not an Impairment under ADA
Rejecting an obese plaintiff’s claim that her employer “regarded” her weight as a physical impairment, a federal district court said that her obesity is no more an impairment that any other physical characteristic, such as, for example, an individual’s neon green mohawk. Powell v. Gentiva Health Services, Inc. (S.D. AL, February 12, 2014). The court…
State Courts Disagree on Whether Morbid Obesity is a Disability
Appellate courts in two neighboring states—Kentucky and West Virginia—have reached different conclusions on whether obesity is a disability.
In the Kentucky case, the plaintiff, who was approximately five feet four inches in height and weighed four hundred twenty-five pounds, claimed that her employer had unlawfully discriminated against her due to her morbid obesity in violation…
Eternal Tribute to Deceased Ex-Employee Required in Severe Obesity ADA Case
When a 527 pound employee at a residential drug and alcohol treatment center was terminated, she filed an ADA charge with the EEOC, claiming her severe obesity was the reason. She died while her charge was pending. The EEOC sued her former employer and the parties have resolved the lawsuit with a Consent Decree. EEOC…
“Severe Obesity” is a Disability Under the ADA, Federal District Court Rules
“Severe obesity” is a disability under the ADA and a plaintiff need not prove an underlying physiological basis for it, according to a Louisiana federal court. The court denied the employer’s motion for summary judgment. EEOC v. Resources for Human Dev., E.D. La., 12/7/11).
Noting that there is no federal law prohibiting discrimination based on…
Within Range But Overweight? Not Your Typical Weight Discrimination Case
Some call obesity the next smoking, meaning that now that employers have had a multi-faceted attack on reducing health costs related to smoking, they will move on to obesity. The CDC reports that about 40% of U.S. adults are obese, while about 20% of adults smoke. The rate of obesity has been…
Can Wellness Programs Address Growing Obesity Risks During Pregnancy?
Citing research from the Centers for Disease Control and Prevention, on June 5, 2010, the New York Times reported that one in five women are obese when they become pregnant. The article states "obesity might be contributing to record-high rates of Caesarean section and leading to more birth defects and deaths for mothers and babies."
As well illustrated in the NYT…
The ADA Patchwork Lives On!
As the ADA’s 20th anniversary nears, let’s revisit one of its lofty goals: to place a sweeping federal blanket over the patchwork of state and federal laws that protects individuals with disabilities.
A recent Second Circuit opinion leaves no doubt that the patchwork lives on In Spiegel v. Schulmann, decided on May 6, 2010, a…