Recently there has been a lot of discussion about whether
obesity should qualify as a defined disability under the Americans
with Disabilities Act (ADA). For example, on September 27, 2011,
the U.S. Equal Employment Opportunity Commission (EEOC) filed a
lawsuit against BAE Systems, Inc. (BAE Systems), a Virginia-based
military vehicle manufacturer, alleging that the company engaged in
unlawful disability discrimination against employee Ronald Kratz
II. According to the complaint, Kratz had been affiliated with BAE
Systems since 1994 and worked as a material handler from 2001 until
his 2009 termination. The EEOC contends that Kratz was morbidly
obese at the time of his discharge, and his obesity substantially
limited him in one or more major life activities and rendered him
"disabled" under the ADA Amendments Act of 2008 (ADAAA).
The EEOC further asserts in the alternative that the company
"regarded" Kratz's morbid obesity as a disability,
even if the courts should
