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Disability Discrimination › Appeals › Obesity

Groom Law Group, Chartered

District Court Dismisses Weight Loss Drug Discrimination Suits

Groom Law Group, Chartered on

The U.S. District Court for the District of Maine recently dismissed two separate suits alleging that health plans’ coverage exclusion for weight loss drugs constitutes unlawful disability discrimination. Both complaints...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Says Morbid Obesity Is Not ADA Disability

Parker Poe Adams & Bernstein LLP on

In recent years, federal courts have increasingly split over whether obesity in and of itself is a qualifying medical condition under the Americans with Disabilities Act. The EEOC and some courts have concluded that obesity...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Finds Obesity a Protected Disability Under State Law

Parker Poe Adams & Bernstein LLP on

In recent years, a number of federal courts have drawn differing conclusions with regard to whether obesity is a protected disability under the Americans with Disabilities Act. While some courts have reached this conclusion,...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Rejects ADA Claim Based on Fear of Future Disabilities

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act prohibits discrimination in employment against persons who are disabled, as well as those regarded as disabled. Last week, the Seventh Circuit Court of Appeals joined other federal courts...more

Seyfarth Shaw LLP

7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)

Seyfarth Shaw LLP on

The U.S. Court of Appeals in the Seventh Circuit has recently decided a case involving an extremely obese bus driver and denied his claims under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101–12213, as...more

FordHarrison

Seventh Circuit Holds Obesity is not ADA Impairment Absent Underlying Physiological Cause

FordHarrison on

On June 12, 2019, the Seventh Circuit Court of Appeals issued its ruling in the case of Richardson v. Chicago Transit Authority, which was the appeal of a dismissal of the case after the lower court found that obesity is not...more

FordHarrison

New Jersey Appeals Court Reaffirms that Obesity is Not Protected Under NJLAD

FordHarrison on

On April 4, 2019, the Appellate Division of New Jersey Superior Court reaffirmed that obesity, standing alone, is not a protected characteristic under the New Jersey Law Against Discrimination (LAD), affirming summary...more

Sheppard Mullin Richter & Hampton LLP

Obese Employees May Be Protected Under FEHA

Sheppard Mullin Richter & Hampton LLP on

In December 2017, the California Court of Appeal published a decision confirming obesity is a protected disability in California if it has a physiological cause. In Cornell v. Berkeley Tennis Club, 18 Cal. App. 5th 908...more

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