Employment law practitioners are, according to a recent article, predicting an increase in the number of obesity-related claims filed against employers under the Americans with Disabilities Act (ADA). The 2008 amendments have made it easier for employees to prevail in these cases, and a trio of claims filed and resolved in recent months demonstrates that the Equal Employment Opportunity Commission and courts are recognizing obesity as a disability in itself, rather than focusing on some underlying physiological condition as the basis for the employees’ disability. Settlements of obesity claims in Texas and Louisiana have resulted in payments of $55,000 and $125,000, respectively, while the Montana Supreme Court determined that a physiological disorder underlying morbid obesity is not necessary for a disability claim under a state law that mirrors the ADA. See The National Law Journal, September 24, 2012.
© Shook, Hardy & Bacon L.L.P., all rights reserved.