Blog: obesity

 

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Obesity as Perceived Disability

Posted on March 8, 2018 by
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I recently did a blog about obesity as a disability under the Wisconsin Fair Employment Act.  I concluded that the condition of obesity did not automatically constitute a disability although courts could find that an employer discriminated against an obese person if it perceived the person to be adversely impacted by the obese condition and […]

Disabling Condition? Protected Conduct?

Posted on August 10, 2015 by
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Two recent court decisions have opened the door for continued scrutiny on whether or not an individual is protected under the Americans With Disabilities Act.  In a Nebraska Federal Court case, the District Court held that an employee was not protected because of her severe obesity but this case is on appeal to the 8th […]

Obesity as a Disability Under the ADA

Posted on July 8, 2014 by
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Recent court actions continue to support a claim that obesity is a covered disability. America’s Car-Mart (Car-Mart) reached a mutual agreement to settle a claim brought by a former employee alleging that Car-Mart discharged him from his General Manager position because of his severe obesity and because his employer regarded him as being substantially limited […]

Obesity as a Protected Category?

Posted on May 20, 2014 by
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I have written blogs in the past about obesity not being a protected category under the Americans with Disabilities Act and the Wisconsin Fair Employment Act. Over the weekend, the American Medical Association announced that obesity should now be considered a disease. It is anticipated that insurance companies will now recognize obesity as a covered […]