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Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

A federal Court of Appeals has ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. 

Under the 7th Circuit’s ruling, proof that extreme obesity was caused by an underlying physiological disorder or condition is necessary to implicate coverage under the Americans with Disabilities Act. 

What Does This Decision Mean For Employers?

The 7th Circuit Court of Appeal’s decision effectively increases the burden of proof for plaintiffs in ADA cases who claim that extreme obesity is a covered disability within its jurisdiction – the states of Illinois, Indiana and Wisconsin – although three other circuit courts of appeal have come to the same conclusion. In such cases, plaintiffs must offer proof that their extreme obesity is the result of an underlying physiological disorder or condition to constitute a physical impairment under the ADA.

However an employee who presents with extreme obesity may still have an ADA-covered disability (provided there is an underlying physiological cause).

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