Accessibility Tools

Skip to main content

OBESITY ALONE MAY NOT BE PROTECTED BY ADA

Written on .

Obesity remains a controversial issue under the Americans with Disabilities Act (ADA).  Employers received some relief from the issue in a recent court ruling that obesity unaccompanied by an underlying physiological condition is not a disability protected by federal law.  Richardson v. CTA, No. 17-3508 (C.A. 4, 6/12/19); see also Aumara v. Monsanto, 2019 BL218595 (E.D. La., 6/13/19) (even if morbid obesity is an impairment, plaintiff cannot show his weight substantially limits major life activity).  In this case, plaintiff was a severely obese bus driver with the Chicago Transit Authority.  The Authority contended that the plaintiff's weight exceeded the limit of the driver's seats and made it difficult for him to operate the bus pedals properly.  The court found that the employer thus had non-discriminatory reasons for the termination.  More importantly, the court joined three other federal appeals courts in finding that obesity unaccompanied by an underlying physiological condition simply isn't protected.  The court saw weight as a physical characteristic just like eye and hair color, not a disability. 

Editor's Note:  While the Second, Sixth and Eighth Circuit Court of Appeals has reached results similar to that of the Seventh Circuit in the Richardson case, the Equal Employment Opportunity Commission and the First Circuit have issued rulings indicating that obesity alone could be protected from discrimination.

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

A federal district judge in San Francisco on Monday temporarily blocked the Trump administration from terminating deportation protections f…
webinar promo graphic, Ideas for Coping with Labor Shortages in Light of Immigration Changes
In light of the massive enforcement efforts underway by the new Administration regarding unauthorized workers, including the termination of…
Silhouette worker
Recent changes in the composition of the National Labor Relations Board (NLRB), and government directives suggest the possibility of signif…
change neon sign
There’s a new Administration in DC, and things are changing rapidly. Executive Orders articulate new policies, there’s new leadership with…
a closet of color coordinated clothes
On his second day in office, January 21, 2025, President Trump issued an executive order titled:  “Ending Illegal Discrimination and Restor…
immigrants collecting crops
Trump's Executive Orders presently do not affect employees who are authorized to work at the present time but may affect any workers who ar…