Question:
Does the ADA include morbid obesity as a disability?

Does the ADA include morbid obesity as a disability? I ask this question because I am about to loose my job. I've hired an attorney, but in order to keep the costs down, I thought that I'd ask all of you. If the answer is yes, please point me to the www or any other specific source of information. Thank you, Gloria Gove, [email protected]    — Gloria G. (posted on June 20, 2000)

June 20, 2000
Gloria, unfortunately I don't have an answer for you, but I just wanted to say hang in there. I wish you the very best.
   — Paula G.

June 20, 2000
From what I understand, it depends on the state. I know that the State of Michigan does. You might contact obesitylaw.com and ask them. they could maybe at least inform you of your state's status. Hope it all works out for you.
   — Cindy M.

June 20, 2000
Gloria, I had a EEOC case which centered on obestiy and I will share what I know as plainly as I can put it. It is difficult to prove discrimination due to obesity. To be able to claim that obesity is a disability you have to show that it hinders you in areas of everyday living. It is not enough to say, "They didn't like me because I'm fat therefore they fired me" - regardless of how true that statement is. For obesity to qualify under the ADA is a double edged sword. You must show that obesity limits you in the areas spelled out for activities of daily living, for example, your obestiy limits your walking therefore you have to, or your employer has to, make accommodations (allow you access to elevators, give you rest periods, etc.). Or a co-morbibity of obesity has resulted in diabetes, which dictates when you take your lunch, or putting your feet up to avoid the circulatory problems that plague diabetics. You have to show how these things limit you everyday, even at home, and how you and your family accomodate for these problems. For discrimination to take place you must show how they have to denied you these accommodations. Be aware that they can then claim that you can't do your job even with the accomadations. But if you claim you do a great job and don't need any special accommdations then you do not qualify under the ADA - because no disability exists. You may also qualify under the ADA law through the EEOC if you are claiming that not disability exists but your employer PERCEIVES you as having a disability simply because you are obese. In other words, you can go the distance at work but your boss treats you differently because he believes that you're obesity hinders you in your work. Be aware that they can then claim what my case worker and I called the "Blue Suede Shoes" defense. This is when your employer says, "She's right. I did let her go because I didn't like her, but not because she's fat. It was because she wears Blue Suede shoes, and I hate Blue Suede shoes." May make him look like a big jerk but it IS NOT against the law. If you do decided to pursue this try to go through a private lawyer. Do NOT count on the EEOC or your state's Human Rights Commission. I was told on many occassions by both agencies that they are not your advocate. Although I had taped conversations, memos, and sworn statements backing my claim of discrimination (I was denied a promotion and ultimately my program canceled in mid-grant so I lost my job) the EEOC would not take the case because obesity cases do not typically constitute a major breech in law. As I was told after two and a half years, only 2% of all cases file ever make it to the conciliation stage, and only a small percent of that 2% ever make it to court. There are 9000 cases filed yearly in Kentucky alone, so if you do the math you'll see the system is against you from the beginning. I was cut lose with a right to sue, which essentially means, "We think SOMETHING happened but we can't prove it according to the law so you go get a lawyer and good luck". I wish I could tell you something better, feel free to e-mail me should you need any more info. By the way, I did not have my day in court but I got a better job and way more money than what I was making (nad more than some of the players in this drama!) and the people I filed against...they may have been protected by the universtiy but their careers are over. One got a $10,000 cut in pay and a transfer to a no end job...Sometimes you eat the bear, sometimes the bear eats you. I ate last...
   — Alicia B.

June 20, 2000
GOOD FOR YOU ALICIA!!!!! I realize that this is not a response to the actual question, but worth the comment anyway! :o)
   — heidiinPA

June 20, 2000
Actually Cindy, in the State of Michigan, obesity isn't covered differently under the ADA. Rather, the state of Michigan, has something called The Handicappers Civil Rights Act, which prohibits discrimination based on height, weight, disability, etc. Michigan is one of the few progressive states to have such an Act. I used to have a supervisor who used to bug me about my weight, more out of a sense of caring than discrimination, but it still got on my nerves. Finally, Human Resources pointed out to her that she really couldn't carry on this way unless my weight interferred with my job performance. Fondly,
   — merri B.

June 20, 2000
thanks Merri, for clarifing that for me. I didn't realize the difference. I just knew that Walter Lindstrom talked about this at a support group meeting and I am sure now that I must of misunderstood what he said. So my apologies.
   — Cindy M.