The Legal and Managerial Challenge of Obesity as a Disability

• Published date: 01 March 2007
• Date: 01 March 2007
• Author: Mark D. Bradbury
• DOI: 10.1177/0734371X06291814
• Subject Matter: Articles

79

Review of Public Personnel

Administration

Volume 27 Number 1

March 2007 79-90

© 2007 Sage Publications

10.1177/0734371X06291814

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Legal Brief

The Legal and Managerial

Challenge of Obesity

as a Disability

Evidence From the Federal Courts

Mark D. Bradbury

Appalachian State University

The Rehabilitation Act and the Americans with Disabilities Act prohibit discrimination

against applicants and employees with disabilities. Following the elements of a prima

facie claim of discrimination, this legal brief explores the conditions under which obe-

sity has been deemed a disability. Although obesity is not generally considered a dis-

abling impairment, plaintiffs have successfully brought obesity-related claims based on

a rarely implicated definition of disability. The so-called regarded as definition protects

those who are not substantially limited by any condition but are subjected to discrimi-

nation based on the perception that they are limited by a physical or mental impairment.

Although employers have faired well in such obesity-related discrimination claims, a

review of federal case law suggests that public human-resource managers are advised to

adopt a strategy that reduces the likelihood of obesity-related discrimination, as it is

more desirable to avoid potentially litigious behavior than to emerge victorious in court.

Keywords: obesity; disability; discrimination; Americans with Disabilities Act; well-

ness programs

The obesity epidemic1is not only a public health or personal lifestyle problem but

also an issue that has numerous effects on public agencies (Bradbury, 2005). The

fiscal impact is felt through higher health care costs, as obesity can lead to chronic ill-

nesses such as diabetes, heart disease, high blood pressure, and some cancers (Centers

for Disease Control and Prevention [CDC], 2004). Indeed, states can attribute more

than 10% of their Medicaid expenses, and 5% of their overall medical costs, to obe-

sity (Lemov, 2004). In addition to fiscal concerns, obesity has personnel and man-

agement implications. One review found evidence of weight-related discrimination

“at virtually every stage of the employment cycle, including selection, placement,

compensation, promotion, discipline, and discharge” (Roehling, 1999, pp. 982-983).

These findings underscore the relevance of weight-related discrimination to human

resource managers, as incidents can rise to the level of illegal discrimination if a

potential or current employee’s obesity constitutes a disability. This analysis of

Author’s Note:An earlier version of this manuscript appeared in the May 2005 edition of PA Times.