Morbid Obesity Now Covered under Americans with Disabilities Act

According to Employee Benefit News, severe, or "morbid" obesity (usually defined as weighing twice one's normal weight) is a protected status under the Americans with Disabilities Act (ADA) and an employee is entitled to reasonable accommodations. However, the July 24 ruling by the Equal Employment Opportunity Commission (EEOC) provided little guidance to employers about where the EEOC would draw the line on when obesity is “severe” enough to constitute an ADA-protected disability. Although it is still unclear where that line can be drawn, it is now clear that the EEOC considers “morbid” obesity to be a protectable disability under the ADA.

Because morbid obesity – and perhaps even obesity – may be considered a “disability” under the law, employers should tread lightly when making employment decisions based on an employee’s weight or ones that detrimentally affect overweight employees, such as outcomes-based wellness programs. NBCH will continue to monitor this issue and provide updates.