It can be.
The Centers for Disease Control (CDC) outline that 35.7% of
U.S. adults are considered obese. The
CDC defines obesity as a number 30 or higher on a BMI index. In June of last year, the American
Medical Association officially recognized obesity as a disease.
Before the passage of the Americans with Disabilities
Amendments Act in 2008 (ADAAA), obesity was generally not considered a
disability. Since then, with the
interpretation of what constitutes a disability under the law, courts have
found obesity to be a disability.
In EEOC v.
Resources for Human Development, Inc., 827 F. Supp.
2d 688 (E.D. La. Dec. 2011),
the EEOC brought suit on behalf of Lisa Harrison, alleging that her former
employer, Resources for Human Development (RHD) regarded her as disabled when
it fired her.
Harrison worked as a Prevention/Intervention Specialist
overseeing a daycare program for the children of mothers staying at RHD. At the time she was hired, she weighed
over 400 pounds. RHD terminated
Harrison’s employment eight years later, claiming that her weight severely
impaired her job performance. At
the time of her termination, Harrison weighed 527 pounds.
Harrison claimed RHD fired her because it “regarded” her as
disabled. Harrison also claimed
that RHD failed to make reasonable accommodations (the case does not elaborate
as to what accommodations Harrison requested that were not made.).
According to the EEOC, Harrison received “excellent” ratings
in her performance evaluations. Harrison died two years after her
termination. The death certificate
stated it was as a result of “morbid obesity.”
The Court found that Harrison was a qualified individual
with a disability. Significantly,
the Court found that obesity – in and of itself – was an impairment under the
ADAAA.
In another case brought by the EEOC, EEOC v. BAE Systems Tactical Vehicle Systems,
LP, Civil Action No.:11-cv-3497 (S.D. Tex.), the EEOC alleged
that BAE fired Ronald Kratz because he was morbidly obese. For seven years, Kratz worked as a
materials handler. Kratz weighed
680 pounds. BAE alleged he could
not do his job because of his weight.
Kratz disputed his could not perform his job but asked if there was
another job he could transfer to.
BAE denied his transfer request and fired him. The case settled without a court decision.
