With the decision, the Seventh Circuit brought clarity to a novel issue previously unresolved for employers in Illinois, Indiana, and Wisconsin. Mark Richardson was a full-time bus operator for the Chicago Transit Authority CTA when his weight increased from pounds to pounds.
In February , Richardson took leave from work because he had the flu. Subsequently, a medical provider determined that Richardson should not return to work until he gained control of his blood pressure.
Chicago Transit Authority , 7th Cir. Professional Pointer: The 7th Circuit joins the 2nd, 6th and 8th circuits in ruling that, absent evidence that it was caused by an underlying physiological disorder or condition, extreme obesity is not a physical impairment under the ADA. The 7th Circuit noted in this case that most federal district courts are in agreement.
It is important to recognize, though, that not all federal courts agree with the 7th Circuit's holding in this case and that some state courts have interpreted state workplace discrimination laws differently.
Employers should continue to proceed cautiously when addressing performance and safety issues that involve an employee with extreme obesity. Had the employee's condition in this case qualified as a protected physical impairment, the court's focus would have shifted to the employer's reasonable accommodation process, efforts and analysis.
Finally, employers should take note that this case demonstrates that not every recognized medical condition will qualify automatically as a protected disability under the ADA. Michael D. You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. By Michael D. Malone September 10, Reuse Permissions. Image Caption. Disability Accommodations Employment Law. An adult who has a BMI between 25 and An adult who has a BMI of 30 or higher is considered obese.
Children Among children of the same age and sex, overweight is defined on CDC growth charts as a BMI at or above the 85th percentile and lower than the 95th percentile. Did You Know? Physical Activity for People with Disabilities. Obesity Fact Sheet. Information For…. To receive email updates about this topic, enter your email address: Email Address.
What's this? 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. The U. The definition, likewise, does not include characteristic predisposition to illness or disease.
Other conditions, such as pregnancy, that are not the result of a physiological disorder are also not impairments [. A BMI of
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