Obesity, Mere Physical Characteristic Or Disability Protected Under Law?

It is no secret that the U.S. has a weight problem. We all hear the news about how American waistlines continue to expand, the various theories behind what is causing the trend and endless advice to reverse it. The American Medical Association has even labeled it a disease. Many workplaces have employees who are overweight. But news headlines and miracle diet commercials aside, how many have employers have truly considered the impact that obesity may have on their workforce, and whether it is a disability under the law? As an ongoing case in Nebraska shows, this is an area for employers to tread lightly.

In that case, a job applicant, Mr. Melvin Morriss III, claims his potential employer reneged on a job offer because of his weight, which, he alleges is a disability under the Americans with Disabilities Act (ADA). Mr. Morriss was five foot ten and weighed 282 pounds when he applied for work at BNSF Railway Company. He claims he passed all the required tests to become