Is obesity a disability covered by the Americans with Disabilities and Rehabilitation Acts?

A disability discrimination claim based on obesity is not likely to succeed. Like other conditions, the question of whether obesity is a disability is dependent upon an affirmative answer to the following questions:

• Is the condition an impairment?

• Does it substantially limit one or more of an individual’s major life activities?

Weight that falls within the normal range is not an impairment. Thus, except in rare circumstances, obesity is not considered a disabling condition.

Though an impairment, morbid obesity must also limit an individual in a major life activity. Morbid obesity may be a protected disability when it is of sufficient duration and with a significant impact on a major life activity.

Although not protected under federal law, a person’s weight may be a protected classification under state law. Be sure to check State Laws for the Fair Employment Practice laws that apply in your state(s).