Introduction
The Americans with Disability Act protects most job seekers and workers against harassment, discrimination, and retaliation on the grounds of disability. Most of the mental and physical disorders regarded as impairments are likely to be known by the employers, yet obesity is one that is getting more and more attention.
Scientists and healthcare professionals are beginning to view obesity as a disorder that needs to be treated to prevent serious illnesses, as the knowledge of the condition, including its genetic foundations, the prevalence of highly processed food products, and even the economic and academic gaps that affect health, grows. In an attempt to reverse the situation of childhood obesity by increasing the use of drugs to help them lose weight, the American Academy of Pediatrics has come up with new guidelines that point to aggressive initial treatment that includes weight loss surgery.
How much does disability pay for obesity? This question has become increasingly relevant as more people seek clarity on whether obesity is recognized under disability law and how financial benefits may apply.
Even though anti-discrimination laws have been described as recognizing weight as a potential disability and some local governments, including New York City, and courts on the state and federal level, including in Mississippi, Texas and Louisiana, have recognized weight as a potential disability, most state and federal courts still hold that weight is not a disability as defined by the ADA or state and federal analogs.
Quick Points
- The decision of the judges (vast majority) ruled out that obesity without an underlying medical condition is not considered a handicap (Americans with Disabilities Act).
- Many courts in states, as well as some federal district courts, have decided that obesity is a disability even without evidence of a medical underlying condition.
- An important point to consider here is that companies operating in a state where obesity can be considered a handicap would want to review their disability-related policies. They should ensure that the physical nature of the job requirements in each job is accurately considered in job descriptions.
An Overview of the ADA
A qualified person with a disability is protected by the ADA from discrimination based on their impairment. Regardless of a reasonable accommodation, an individual is qualified if they are able to carry out the fundamental duties of a position. (1) A mental or physical condition that significantly limits any number of major life activities (i.e., “any physiological condition, cosmetic deformity, or anatomical defect affecting a particular or more bodily systems”), whether persistent, short-term, or episodic; (2) a history of a condition of this kind (i.e., an earlier diagnosis of a physical or mental impairment); or (3) being considered as” having a limitation (i.e., an apparent disability).
According to the Americans with Disabilities Act (ADA), it is illegal to discriminate, harass, or retaliate against someone because of their disability or disability-discrimination allegation in hiring, promotion, termination, salary, instruction on the job, and other requirements, limitations, and benefits of employment.
How much does disability pay for obesity? The focus of ADA is to protect against discrimination rather than financial compensation. The question remains critical in determining an employee’s eligibility for numerous benefits. These benefits depend on the severity of obesity-related limitations. They also depend on whether the individual can perform substantial gainful activity.
Recognition of Obesity as a Disability Under the ADA
On 31st January 2022, her place of work unfairly discriminated against an emergency medical resident when the Eighth Court of Appeals (El Paso, Texas) determined that her excessive weight was a disability. This is because the court decided that the worker did not need to demonstrate that the perceived disability was believed by her employer to be brought about by a physiological factor.
Rather, if her employer believed that she was physically disabled due to her morbid obesity, the court decided that this may constitute an impairment of function in a “seen as” claim.
The decision conformed to cases in four federal district courts in Louisiana, Texas, and Mississippi, and state-law cases in California, Florida, the District of Columbia, Montana, New York, New Jersey, Oregon, and Washington. In all of these instances, it was determined that obesity could be a disability under the ADA without necessarily having a physiological condition or disorder.
How much does disability pay for obesity? The answer can vary by jurisdiction and depends on whether obesity prevents the individual from maintaining employment. There are cases where workers have been able to avail benefits after the obesity had seriously impaired their ability to carry out their basic functions.
The City of New York Council enacted a bill in this respect (May 2023). It was to ban workplace discrimination/prejudice based on weight and height. This is also the case in Madison, Wisconsin; Urbana, Illinois; Binghamton, New York; and San Francisco, California. A 1976 Michigan law also prohibits discrimination on the grounds of weight and height.
Nonetheless, the limited possible exceptions notwithstanding, the vast majority of federal courts have been declaring for a long time that, within the context of the ADA, obesity is not a physical handicap unless it is also a symptom of an underlying physiological issue or condition, such as diabetes.
These courts have primarily been guided by the 1990 interpretive advice as to the meaning of impairment as per the ADA, as given by the United States Equal Employment Opportunity Commission (EEOC), as follows:
It is imperative to distinguish between situations that are not disabilities but physical, cultural, psychological, environmental, and economic traits, and between impairments. The umbrella term of impairment does not cover physical features that lie within the range of normal and have not been precipitated by a physiological condition, e.g., hair color, eye color, left-handedness, weight, height, or muscle tone. (The emphasis was added.)
Therefore, the EEOC would most likely need to issue new guidance acknowledging obesity as a prospective impairment under the ADA in order for courts to take a collective step in that direction. Courts and legislators will probably continue to take an inconsistent strategy in the interim.
In the meantime, “how much does disability pay for obesity?” remains a gray area.
Important Takeaways
The great majority of courts are yet to acknowledge obesity as a probable handicap according to the ADA and the state-specific counterparts, while some have, as does New York City. Thus, the fact that the majority of companies may not have to change their policies and procedures right away does not mean that they should not pay attention to any changes in the law, but they may be interested in emerging changes.
Conversely, employers in the above jurisdictions may desire to: (1) include size in their EEO, anti-harassment, and anti-discrimination policy and ensure that supervisors and managers are taught the new policy; and (2) make sure that the job descriptions accurately reflect the physical requirements of the individual job such that managers who recruit and hire obese candidates can determine at the beginning of their staffing process whether the job applicants will be able to carry on with the essential functions of the jobs with or without accommodations.
Finally, many individuals seek clarity on “how much does disability pay for obesity?” The answer depends on how courts interpret obesity as a disabling condition. It is also dependent on whether medical evidence supports significant functional limitations. The ADA/EEOC has yet to explicitly recognize obesity as a disability across the board. The question of “how much does disability pay for obesity?” will continue to depend on case-specific legal & medical determinations.
https://california-business-lawyer-corporate-lawyer.com/wp-content/uploads/2025/10/Is-Holiday-Pay-Double-Time-Rules-Calculations-and-Eligibility.jpg
796
1195
Amit
http://california-business-lawyer-corporate-lawyer.com/wp-content/uploads/2022/05/Nakase-Wade-logo-transparent-200x54px.png
Amit2025-10-16 14:52:042025-10-16 14:52:05Is Holiday Pay Double Time? Rules, Calculations, and Eligibility
