Employees that are obese—possibly as little as 30 pounds over the recommended body weight for their height, age, and sex—are now more likely to be recognized as disabled, with rights under the 2008 amendments to the Americans with Disabilities Act (ADA). In June 2013, the American Medical Association (AMA) voted to reclassify obesity as a disease “requiring a range of medical interventions to advance obesity treatment and prevention,” which could influence how obesity is treated under the ADA.1
Traditionally, courts were unwilling to find that obesity by itself is a disability and instead relied on underlying medical conditions caused or exacerbated by obesity to find an ADA-protected disability. Most viewed obesity as merely a voluntary condition caused by a lack of self-control. Some courts around the United States are now starting to find that obesity may be an ADA-protected disability that must be accommodated. This is not surprising, considering the other conditions arguably caused by personal choices (e.g., alcoholism) that are considered disabilities under the ADA. For example, consider the cases below:
