Question:
Is obesity or morbid obesity an ADA-protected disability?

Is our obesity protected under the Americans with Disabilities Act? Is discrimination against us actionable?    — Susan B. (posted on February 9, 2003)

February 9, 2003
...nope...
   — Carolynn J.

February 9, 2003
Regrettably we are not protected under ADA. However, IF AN OBESE INDIVIDUAL IS ABLE TO PERFORM THE JOB TO THEIR EMPLOYERS SATISFACTION and employers openly discriminate against them because of their obesity they can bring a civil suit against them. If a person is NOT able to perform their job or maintain employment and is classified as disabled - even if it is only due to obesity - THEN they become protected under the ADA. It's confusing - I think we're the last bastion of society who are discriminated against and it is still considered socially acceptable. AGH - if I could rule the world - what changes I would make!
   — ronascott

February 9, 2003
We are protected in Michigan, and I also believe in San Francisco.
   — JAFMartin

February 9, 2003
This is not the ADA but obesity is one of the factors that qualified me for Medicare.
   — Leslie E.

February 10, 2003
Susan, everything is actionable. (Win-able is another question.) Although obesity is not specifically mentioned in the ADA, you may still have a case. If you think you have been discriminated against, speak to an attorney.
   — Amber L.

March 11, 2003

   — Tara C.