mitousmom said:
The various governmental jurisdictions in the US have chosen to outlaw only certain types of employment discrimination. At the federal level, most of the prohibited discrimination is based on immutable characteristics, such as sex, race, national origin, etc. Being overweight is not considered an immutable characteristic and it's not a characteristic Congress has chosen to address. However, morbid obesity can be a disability under the Americans with Discrimination Act, if the individual's obesity substantially limits a major life's activity. However, such disabilities are rare.
I was reading your first paragraph and was going to add about morbid obesity> Such disabilities are not as rare as some people think. I say this because morbid obesity can limit breathing, fertility (which has been deemed a major life activity), standing, and walking among other things. Weight conditions have also been proven to be a physical impairment under the ADA when it is morbid obesity, perceived as such or where the individual suffered from a weight condition that is the symptom of a pysiological disorder. A physical impairment is considered any pysiological disorder or condition, cosmetic disfiguration, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine.
The ADA has been used various times in the past when it comes to morbid obesity:
See Cook vs. State of Rhode Island, Department of Mental Health, Retardaions and Hospitals 10 F.3d 17
Connor v. McDonald's Restaurant, 2003 US Dist Lexis 4108 (District of Connectivcut, March 17, 2003)
Whaley vs. Southwest Student Transportation L.C. 2002 U.S. Dist. Lexis 9103
Larsen v. Carnival Corp., Inc. 242 F. Supp.2d 1333
Kenny vs. Loyola University of Chicago, 2003 U.S. Dist. Lexis 2597
Bunyon vs. Henderson, 206 F. Supp. 2d 28
Furst v. N.Y. Unified Court System, 1999 U.S. District LEXIS 22558 (E.D.N.Y. May 5, 1999)
In 1985 the National Institute of Healh classified obesity as a disease (NOT overweight but obese). As of the mid 1990s, 40 million people are defined as obese, 10 million as severely obese and up to 4 million were morbidly or clinically obese. These are all classifications based on the NIDDK.
And contrary to what BB stated, obesity is not caused simply or completely by overeating. Genetics, behavior (there is the overeating), metabolism and environment play a role in obesity -- and not every case is caused by exactly the same thing. Not to mention there are many diseases that result in obesity (PCOS is a prevalent one that causes women to gain weight due to a hormonal imbalance between estrogen and androgen -- which in turn causes insulin resistance which in turn causes more of a hormonal imbalance which causes weight gain which causes insulin resistance which... on and on).
However if the OPs husband is only overweight and not morbidly obese there is no where to go. If morbidly obese he can try to file with the EEOC (many EEOC offices have handled weight discrimination cases in various states). Based on prior case law there are various factors that must be met. Based on OPs post there is not enough information to determine whether or not those factors will be met.
