A Proposal to Include the Morbidly Obese as a Protected Class Under the Americans with Disabilities Act

Kenneth T. Bierman


DOI: 10.2190/B6FX-5UM7-6827-FCMY

Abstract

For too many years the morbidly obese have been discriminated against in the work force. Many employers wrongfully make employment decisions based on weight and appearance, two meaningless factors, rather than on education, training, and ability. Federal laws, state laws, and court decisions have not afforded the morbidly obese adequate protection from such employment discrimination. Therefore, the Americans with Disabilities Act, which protects individuals with disabilities from employment discrimination, should include morbid obesity as a disability.

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