According to the most recent data from the Center for Disease Control, more than one-third of American adults are obese.  A person is considered obese when their weight is higher than what is considered as a healthy weight for a given height.  With obesity impacting such a large portion of the American public, employers are left with many questions regarding their responsibilities to obese applicants and employees. The answers to these questions depend on a number of factors, including the reasons underlying the obesity and the jurisdiction in which the employer does business.

As we all know, the Americans with Disabilities Act (“ADA”) prohibits employers from discriminating against “qualified individuals” with disabilities, and defines such individuals as applicants or employees who, with or without reasonable accommodation, can perform the essential functions of the job.  In 2008, Congress amended the ADA, providing for a broader interpretation of the definition of disability under the statute.  Further, the amendment added a “regarded as” disabled component of disability discrimination, meaning that applicants and employees who cannot prove that they have an actual disability within the meaning of the ADA may still be successful if they can show that their employer regarded them as having such a disability.  This more expansive interpretation of disability provides obese plaintiffs a greater opportunity for success in disability discrimination claims; however, jurisdictions differ on the extent to which obesity is considered a disability under the ADA, as amended. Continue Reading