Obesity And The American Disabilities Act

Federal Law Report on

Obesity and the Americans with

Disabilities Act of 1990

Obesity and the ADA of 1990

The Americans with Disabilities Act of 1990 (ADA) bans discrimination based on disability. It provides individuals with disabilities civil rights protections like those provided to individuals on the basis of race, sex, national origin and religion (Mathias, 2003). The ADA defines "disability" as a physical or mental impairment that limits one or more major life activities and will not consider obese individuals as disabled unless the weight limits a major life activity. Federal courts have ruled that morbid obesity falls under the category of medical conditions which limit one or more life activities (Garcia, n.d).

The Civil Rights Act of 1964 established basic federal laws on employment discrimination. It does not identify weight as a protected characteristic, and as a result, does not provide protection for obese individuals who have been discriminated against by potential or current employers.

Obesity is now being called an epidemic affecting millions of individuals in the United States. The Equal Employment Opportunity Commission (EEOC) has taken the position that morbid obesity, even if voluntary, can be a protected disability under the ADA. Obesity-related health conditions such as diabetes, heart disease, and hypertension are considered disabilities based on the ADA. The article on obesity in the workplace tells the story of Joseph O'Connor. Mr. O'Connor sued McDonald's for discriminating against him in violation of the ADA. He alleged that McDonald's refused to hire him as a cook because of his obesity. Mr. O'Connor claimed his