A Broad Interpretation of the Americans with Disabilities Act
The Americans with Disabilities Act (ADA) offers a lot of coverage. At least that is the way that the U.S. Equal Employment Opportunity Commission (EEOC) sees it. In a recent case the EEOC took up a cause for a New Orleans employee who claimed that she was fired because of her obesity. According to the Complaint, Lisa Harrison's Pennsylvania employer, Resources for Human Development, Inc. (RHD), perceived Harrison as being substantially limited in her major life activities because of her excessive weight.
Although the case has yet to be decided in the Court, it demonstrates the EEOC's broad interpretation of the ADA. Ms. Harrison's case is what is commonly known as as a "regarded as" case. That means that the employee is not asserting that she is disabled and that she required an accommodation to do her job but that her employer perceived her as being disabled and then discriminated against her. The EEOC has asserted on behalf of Harrison that she was able to perform the essential functions of her position.
This case clearly shows that the EEOC is prepared to commit resources to have obesity found to be a covered disability. And with the passage of the ADA Amendments Act they just might get there. For now, employers would be wise to stay the course and make decisions solely based upon actual performance.
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