On July 2d we wrote a lengthy piece on “obesity discrimination” — discrimination in employment based on obesity, and noted that aside from a few statutes around the nation which explicitly prohibit such discrimination, there are a few courts which have taken the position that obesity is a “disability” or "impairment" under the expanded ADA definition.

The Missoulian has reported that the Montana Supreme Court has just ruled that “if a person’s weight is outside the normal range and affects one or more body systems, it may constitute a physical or mental impairment – even if it’s not a symptom of some underlying disease or health condition (our emphasis).”

This decision, based as it is as regarding obesity as an impairment per se even if there is no other underlying condition is a significant broadening of existing law (albeit even if it is only under Montana law, not the ADA).