obesity as a disability

Just today we wrote about obesity in the context of “corporate wellness” programs.  Now comes a long-awaited ruling on obesity by the European Court of Justice – the EU’s highest court.    

On June 12th we posted that the UK Didlaw Ltd. Newsletter declared that “[t]he most pressing issue around definition of disability right

“The boss thinks you should lose a few pounds.”  

An article yesterday in the Wall Street Journal by Lauren Weber and Rachel Emma Silverman opens with this line, and then says that “Seeking to make a dent in the intractable problem of obesity … businesses are experimenting with new measures to encourage workers to

We read a great comment in response to our post “Weight Bias Is Alive And Well.”    Maria Hanna Joseph, an attorney/mediator in the Boston area, addressing the issue of weight and appearance bias, has carefully written a very succinct and balanced statement of the very purposes of employment anti-discrimination laws.

But

Is obesity a disability under the ADA?

In our post of April 25th we discussed a recent court decision that said that it might very well be.  We noted in our blog on April 28th that “[t]he issue of obesity and employment discrimination seems to sit on a fault line of sorts, eliciting strong views

Last year we discussed whether for ADA purposes obesity is a disease — as was held by a new decisison by the American Medical Association.  We posted that the AMA declaration that obesity is a disease would likely spur lawsuits under the Americans with Disabilities Act.

We wrote that ”we are unaware of any

An Alabama field salesperson for a provider of hospice services to the termimally ill sued her former employer under the ADA claiming that she was fired “on the basis of her disability, morbid obesity.”  The company claimed to have fired her for performance issues.

The Plaintiff

She is 5’3″ tall and at the time of