“Weight” Of Authority Leads To Dismissal (And Sanctions) Based On “Frivolous” Disparate Impact Claim

With the recent recognition by the American Medical Association that obesity is a disease (and not just a medical condition), courts around the country have begun to formulate their position as to whether (and to what extent) obesity is covered under the Americans With Disabilities Act. The EEOC’s regulations state that while body weight within a “normal” range is not generally considered an impairment, body weight that falls outside a normal range, whether above or below, or body weight that is the result of a physiological disorder, can be an impairment under the law. In a recent interview, EEOC Commissioner Chai Feldblum stated that as of September 2013, the EEOC has brought two lawsuits involving morbid obesity as a disability since the passage of the ADA Amendments Act (“ADAAA”).

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