Obesity as a Disability

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In Cassel v. Truss Communications, Inc., 2025 WL 2882054 (N.D.Okla. Oct. 9, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. From the decision: The ADA recognizes certain mental health conditions as qualifying disabilities. See 29 C.F.R. 1630.2(h) (“mental impairment means ……

Read More ADA Hostile Work Environment Claim Dismissed; Mental Health, Obesity Not Shown to Qualify as Statutory “Disabilities”
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In McElroy v. The Dept. of Educ. of the City of New York, No. 160689/2017, 2019 WL 132532 (Sup Ct, New York County Jan. 08, 2019), the court (inter alia) denied defendant’s motion to dismiss, as insufficiently alleged, plaintiff’s claim that she was subjected to a “hostile work environment” because of her alleged disability (here, obesity).…

Read More Obesity-Related Hostile Work Environment Claim Survives Dismissal Under NYC Human Rights Law
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Federal, state, and local anti-discrimination laws prohibit discrimination based on, among other factors, “disability.” That term is, in turn, defined in the statutes themselves. For example, the Americans with Disabilities Act of 1990, 42 U.S.C.A. § 12101 et seq., defines a “disability” as: “(A) a physical or mental impairment that substantially limits one or more major…

Read More Is Obesity a “Disability” Under the Anti-Discrimination Laws?
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