Take this Job N Shove It

I have blogged on many occasions about the Americans with Disabilities Act or ADA. This statute and the amendments to it prevent an employer from discriminating against an employee due to an actual or perceived disability. This act not only includes termination or demotions, but also requires that an employer provide accommodations to those with qualified disabilities. For many years, the scope of this act was severely limited due to several rulings of the U.S. Supreme Court, but due to recent amendents by Congress, the scope of this act has now been expanded to include many different kinds of disabilities.

It seems the most recent disability that will now be covered under the ADA is obesity. The EEOC has recently filed suit against Resources for Human Development (RHD), a national non-profit human services organization, claiming it fired a child-care worker because she was obese. The agency claims the firing violated the Americans with Disabilities Act.

The case involves Lisa Harrison, who worked with young children of mothers undergoing treatment for addiction in an RHD-run facility in suburban New Orleans.

The EEOC alleges that Harrison was fired because RHD perceived Harrison as being substantially limited in a number of major life activities, including walking, because of her weight, the EEOC claims. But the agency says Harrison was able to perform all of the essential functions of her position. Before the EEOC filed suit, Harrison died. Her private interests will be represented in the lawsuit by her estate.

Up to this point, many courts have ruled that obesity does not fall into the category of disability under the ADA.
But with the passage of the ADA Amendments Act, the definition of disability was substantially widened.

The lawsuit is EEOC v. Resources for Human Development, U.S. Dist. Crt., E.D. LA, No. 2:10-cv-03322.

If you believe you have been the victim of workplace discrimination due to obesity or the perception that you are obese, you should contact an employment lawyer to discuss your possible legal options.