However, some obese individuals have argued that their weight can be considered a disability for purposes of the Americans with Disabilities Act (ADA) or the Rehabilitation Act of 1973 and, therefore, they have legal protection against weight discrimination. The ADA regulations address whether obesity can be an impairment that qualifies as a disability under the ADA. The EEOC has expounded on how obesity is to be covered under the ADA. It is likely that courts will continue to look at obesity discrimination under the ADA. Based on the various ways in which courts have interpreted the act and its supporting regulations, the outcome of these cases will remain an open question.
The Americans with Disabilities Act (ADA) provides broad nondiscrimination protection for individuals with disabilities. However, to be covered under the statute, an individual must first meet the definition of an individual with a disability. Questions have been raised as to whether and to what extent obesity is a disability under the ADA and whether the ADA protects obese individuals from discrimination. This report provides background regarding how obesity is covered under the ADA and its supporting regulations. It also discusses some of the ways in which courts have applied the ADA to obesity discrimination claims.