& Birney, LLP in Sacramento, California. She earned her J.D. from
the University of California, Davis School of Law, and her B.A. from
Occidental College.
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Deems Obesity a Disability
Under the ADA
the United States to be at an all-time
high over one-third of adult Americans
are now considered clinically obese. As
this trend has risen over the years, many
courts have grappled with the question
of whether obesity may be considered
a disability under the Americans
with Disabilities Act (ADA) such that
employers must offer accommodations to
their employees whose obesity interferes
with their job performance. A recent
federal court decision in Louisiana
adopted the EEOC's (U.S. Equal
Employment Opportunity Commission)
liberal view on this issue, holding that
obesity on its own may be considered a
disability under the ADA, even absent a
showing of an underlying physiological
disorder something other courts have
required in the past.
(E.D. La. 2011)), the employee at issue
supervised the employer's day care
program and weighed over 500 pounds.
Although she had received exemplary
performance reviews, she was ultimately
fired based on concerns over her "limited
mobility" and difficulty performing
CPR. The employee later died due to
complications from her obesity, but
the EEOC brought suit on her behalf,
arguing that a person with "severe
obesity" (which they defined as having
body weight in excess of 100 percent
above normal) is disabled under the
ADA. The employer, on the other hand,
argued that there must be a showing of
an underlying physiological disorder
such as a cardiovascular or respiratory
problem in order to bring the condition
within the meaning of a "disability"
under the ADA. The employer's position
was supported by holdings in several
other federal court cases. The court,
however, was not persuaded, and adopted
the EEOC's broader standard.
the trend among courts up to this point,
employers should consider the Louisiana
decision a potential harbinger of a more
liberal approach to the issue going
forward, especially given the EEOC's
position. Employers who encounter obese
employees seeking accommodations
under the ADA should consider seeking
legal advice before dismissing such
requests outright.
Are Increasingly Popular, But
Not Without Risk
of obesity in the workplace before it
becomes an issue, many employers
are implementing wellness programs.
Wellness programs encompass a broad
array of approaches to incentivizing
healthier lifestyles and promoting health
and wellness. Some offer rewards for
adopting healthier habits such as losing
Managing Your Risk as an Employer