I came across this in the National Law Review (January 21, 2019) issue and want to share.
Seventh Circuit Court of Appeals is set to decide whether obesity is an impairment in and of itself under the ADAAA. The American Disability Act Amendments Act of 2008.
As it stands now courts federal and state have held that obesity is a ‘physical characteristic that had to stem from an underlying physiological disorder to be considered an impairment under the ADA’.
A lower court found that obesity didn’t, on its own, qualify as impairment, and dismissed an employee who functioned as a bus driver.
Organizations including AARP are supporting the employee’s case that has as of this posting no schedule for Oral Argument and there is no timetable for a decision