Share on LinkedInShare on LinkedIn

ARTICLE · 09 AUGUST 2012

Montana Obesity Ruling May Be Cause For Concern

The Americans with Disabilities Amendments Act did not change the definition of impairment but it may have changed the EEOC's view on whether obesity is an impairment.

United StatesEmployment and HR

The Americans with Disabilities Amendments Act (ADAAA) did not change the definition of impairment but it may have changed the EEOC's view on whether obesity is an impairment.

The EEOC definition of "impairment," is "[a]ny physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more systems, such as neurological, musculoskeletal, spatial sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hermetic, lymphatic, skin, and endocrine."

The EEOC Interpretative Guidance specifically excludes from the definition of impairment, physical characteristics. This includes things such as eye color, hair color, and left handedness, but also height, weight, or muscle tone that is within the "normal" range and is not the result of a physiological disorder from the definition of impairment. Before the ADAAA passed, the EEOC took the position that severe or morbid

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from