Is Obesity A Disability Under Texas Law?

Most employers in Texas are likely aware that the Americans with Disabilities Act (ADA) and the Texas Commission on Human Rights Act (TCHRA), which is similar to the ADA, protect most job applicants and employees from discrimination, harassment, or retaliation based on disability. In most parts of the country, courts have not considered obesity as a disability unless it is caused by an underlying health condition. In Texas, however, courts have reached a different conclusion, holding that obesity in itself may be a disability in some cases.

Quick Hits

• Obesity may in itself be considered a disability by Texas courts under the Americans with Disabilities Act and the Texas Commission on Human Rights Act even absent evidence of an underlying health condition.