Is Obesity a Protected Disability?
/The Washington State Supreme Court Says It Is
Last month, the Washington State Supreme Court ruled that it is illegal under state law to refuse to hire an obese individual if they are otherwise qualified for a job when it defined obesity as a disability under state law.
The court ruled that the state's definition of disability in the Washington State Law Against Discrimination included individuals with obesity, offering a significantly broader scope than federal disability law. Weight is not listed as a protected category under Title VII of the federal Civil Rights Act and federal courts have not considered obesity a disability under the Americans with Disabilities Act (ADA) unless it is the result of an underlying physiological disorder or condition.
U.S. federal appeals courts have ruled that obesity in itself is not an impairment under the ADA. Four federal appeals courts, including most recently the 7th Circuit in June, have said that under the Act, there must be an underlying or perceived impairment — a "physiological disorder or condition" — causing a person's obesity for the individual to be considered disabled.
The Washington State Court decision confronted the established classification of obesity, instead preferencing the state's broader disability law. It ruled that under the state law, "the medical evidence [for obesity] shows that it is a 'physiological disorder, or condition' that affects many of the listed body systems" and that "obesity is not merely the status of being overweight, but instead is recognized by the medical community as a 'primary disease.'"
