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Showing posts with label Disability. Show all posts
Showing posts with label Disability. Show all posts

Friday, November 14, 2014

Is Obesity Considered a “Disability” Under the ADA?

By Michael Kraemer  , Law.com Contributor


The Americans with Disabilities Act of 1990 (“ADA”) prohibits discrimination against people with disabilities.  It ensures equal opportunity in employment for disabled persons.  The statute specifically provides that:
No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
ADA, 42 U.S.C. §12112(a).
The main question is what constitutes a “disability” under the ADA?  The term “disability” can encompass a lot.  As defined by the ADA, a disability is (1) a physical or mental impairment that substantially limits one or more major life activities of such individual, (2) a record of such an impairment or (3) being regarded as having such an impairment.  The definition can be broken down further. 42 U.S.C. §12102(1).
First, a disability can be a physical or mental impairment that substantially limits one or more “major life activities.”  A “major life activity” can include walking, caring for oneself, seeing, hearing, eating, sleeping, standing, lifting, etc.  A “major life activity” can also include the operation of a bodily function, such as the immune system, digestive system, brain, respiratory system, etc.  42 U.S.C. §12102(2).


Read more: http://www.law.com/sites/michaelkraemer/2014/11/11/is-obesity-considered-a-disability-under-the-ada/#ixzz3J3cQOgmv