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Extreme Obesity Not Necessarily a Disability Under ADA, Says Seventh Circuit

The U.S. Court of Appeals for the Seventh Circuit recently held that extreme obesity is not an actionable “impairment” under the Americans with Disabilities Act (ADA) unless caused by an underlying physiological disorder or condition. Interpreting the ADA otherwise, the court reasoned, would result in all obese individuals (nearly 40% of the American adult population) automatically having an impairment under the ADA. Though this was issue of first impression in the Seventh Circuit, the court ultimately agreed with the Second, Sixth, and Eighth Circuits, which had previously ruled on the issue.

In Richardson v. Chicago Transit Authority, the Seventh Circuit affirmed the district court’s summary judgment ruling in favor of the defendant employer. The plaintiff, a former bus operator, was prevented from returning to work after an absence because he had uncontrolled hypertension, influenza, and weighed over 400 pounds. After conducting a special safety assessment, the defendant concluded that the plaintiff could not operate a bus safely due to his weight and size. The defendant transferred the plaintiff to temporary medical disability status. After two years on this inactive status, the plaintiff failed to extend his time on temporary medical disability by submitting medical documentation. As a result, and per the defendant’s policy, the plaintiff was terminated. The plaintiff filed a Charge of Discrimination, and filed his ADA discrimination suit after the Equal Employment Opportunity Commission (EEOC) issued a Right to Sue letter.

At the close of discovery, the defendant moved for summary judgment on the grounds that the plaintiff had not demonstrated that a physiological disorder or condition caused his obesity. The district court agreed, granting summary judgment for the defendant. The plaintiff appealed, and the Seventh Circuit affirmed.

Looking to the EEOC’s regulations and interpretive guidance concerning the definition of “physical impairment,” the court found that “obesity is an ADA impairment only if it is the result of an underlying ‘physiological disorder or condition,’” rejecting the plaintiff’s assertion that the 2008 amendments to the ADA required a broader reading. To hold otherwise, the court reasoned, would unduly expand the ADA such that any individual whose weight was even slightly outside the “normal” range would be deemed to have an actionable physical impairment under the ADA.

Notably, the court rejected the arguments put forth by medical and scientific professional organizations, writing as amici curiae, that obesity is a physiological disorder in and of itself; the court noted that the ADA is an anti-discrimination statute – not a public health law. The plaintiff’s failure to put forth evidence suggesting an underlying physiological disorder or condition caused his obesity was fatal to his claim.

Despite the court’s conclusive holding in the defendant employer’s favor, in distinguishing a First Circuit case cited by the plaintiff, the court left open the possibility that an employee could potentially demonstrate an impairment by presenting evidence that his or her obesity was caused by a physiological disorder or condition.

Employers faced with an ADA claim based on an employee’s physical characteristics would be well served by bearing in mind the contours regarding what qualifies as a “physical impairment” under the ADA set forth in this case.

Significantly, however, the court provided a roadmap concerning a “perceived impairment” claim under the ADA. While the plaintiff here failed to make a sufficient showing, expert or other evidence that a plaintiff’s obesity was caused by a physiological disorder or condition may potentially clear the hurdle for a plaintiff’s claim that he or she was “regarded as” disabled under the ADA.

© 2019 BARNES & THORNBURG LLP

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Peter J. Wozniak Barnes Thornburg Chicago  Labor Employment
Partner

Pete Wozniak is a vigorous advocate who strives to help his clients navigate issues that can be fraught with challenges as painlessly and efficiently as possible. He is a candid and personable counselor, offering his clients direct advice by leveraging his deep experience performing a broad range of outcome critical functions for complex labor and employment matters.

Pete represents clients across a number of industries, including transportation and logistics, restaurants, retail, manufacturing, and temporary staffing. Handling a number of high profile matters, he identifies the...

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Mark Wallin, Attorney, BT, Chicago, Labor Employment
Of Counsel

In order to provide the best counsel, Mark Wallin believes it is his role to understand his clients’ business needs so he can help them determine what resolution will provide the most benefit. His keen ability to understand his clients’ practical concerns allows him to advise on the best path to successfully resolve issues – whether through traditional litigation or negotiated resolution.

In the course of his practice, Mark has focused on providing the highest-level of service to his clients and building long-term relationships. Specifically, he defends employers in a wide range of employment matters including wage and hour class and collective actions, as well as complex, multi-plaintiff and single plaintiff employment discrimination claims brought not only by private plaintiffs but also initiated by the Equal Employment Opportunity Commission (EEOC).

Mark has successfully represented companies of virtually all sizes, litigating matters across multiple areas of the law, from the pleading stage through appeal. He has also represented clients in arbitrations and before administrative bodies.

Mark vigilantly stays abreast of cases, laws, and trends that may impact his clients coming out of the courts, Congress and the state legislature, as well as the U.S. Department of Labor, the EEOC, and state regulatory agencies. He strives to keep a watchful eye on how labor and employment related laws are evolving so as to proactively advise clients.

In addition to his regular legal practice, Mark has undertaken several pro bono cases including trying criminal jury trials in state and federal court, and representing indigent plaintiffs in civil rights matters as part of the federal Trial Bar.

Mark began honing his litigation skill during law school when he interned at the U.S. Attorney’s office for the Northern District of Illinois, where he handled both civil and criminal issues. He also interned for a judge on the U.S. Court of Appeals for the Seventh Circuit, which gave him a unique vantage of seeing the issues from the court’s perspective.

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