In June of this year, the American Medical Association (AMA) officially classified obesity as a disease. The decision was not clear-cut, as opponents argued that obesity is only a risk factor that leads to disease, and not a disease itself. The debate notwithstanding, the AMA’s classification gives support to the Equal Employment Opportunity Commission’s position that obesity is a disability under the Americans with Disability Act (ADA), which would prevent discrimination based on obese status. The ADA itself does not enumerate obesity as a protected class.
A recent lawsuit brings the issue to debate. In Whittaker v. America’s Car-Mart, Inc., Joseph Whittaker claimed that his employer violated the ADA when it fired him because of his weight. Mr. Whittaker alleged that he met the definition of disability under the ADA since he was substantially limited in one or more major life activities, namely walking.
It will be interesting to see how the case plays out. Employers should be mindful of taking any actions against an employee based on his or her weight.
