In general, federal appellate courts addressing obesity claims under the Americans with Disabilities Act (ADA) have held that absent an underlying physiological disorder, obesity is not a disability. However, EEOC guidance suggests, and some lower courts have concluded, that morbid obesity alone is an impairment under the ADA. In a recent case, Richardson v. Chicago Transit Authority, Nos. 17-3508 and 18-2199 (7th Cir. 6/12/19), the Seventh Circuit...read more
In a recent decision, the Eleventh Circuit concluded that the Coca-Cola Company acted lawfully when it required an employee to undergo a “fitness for duty” evaluation where the inquiry was both job-related and consistent with business necessity. Owusu-Ansah v. Coca-Cola Co., No. 11-13663 (11th Cir. May 8, 2013) Franklin Owusu-Ansah began working for Coca-Cola in 1999 at the company’s Dunwoody, Georgia call center. Owusu-Ansah performed...read more
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