The U.S. Equal Employment Opportunity Commission (EEOC) now claims obesity is a disability under the Americans with Disabilities Act Amendments Act (ADAAA).
Until now, the courts have routinely rejected general obesity as a "disability" under the ADA and Rehabilitation Act. Cases have required one to show some different underlying medical condition that is a disability and that causes obesity as a "symptom."
Now the EEOC has filed suit, claiming that a company discriminatorily fired an employee because of obesity.
The EEOC claims that ever since President George W. Bush authorized the ADA Amendments Act in 2008, the law has a much lower threshold for what constitutes a disability.
The EEOC claims that basic obesity, without any other underlying condition, sufficiently impacts the life activities of bending, walking, digestion, cell growth, etc., to qualify as a disability or perceived disability.
Wednesday, January 12, 2011
Posted by BA Haller at 11:27 AM