Seventh Circuit Rules Obesity is Not a Disability

By Kelly A. Hayden, JD, Chief Legal Counsel
Published June 16, 2019

Is obesity a disability under the Americans with Disabilities Act (ADA)?  Until now, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana, and Wisconsin) has not taken a case regarding this important issue. However, on June 12, 2019, the Court held that severe obesity is not a disability unless the plaintiff can prove it is caused by a physiological disorder.

In Richardson v. Chicago Transit Authority, the plaintiff worked as a bus driver for the CTA. Richardson’s trouble began in February 2010 when he missed work with the flu and could not be cleared to return by the CTA’s medical provider due to uncontrolled high blood pressure. His weight at the time was 400 pounds. He was placed on a temporary medical disability under his union contract.

In September of that same year, he was cleared to return to work, but was required to show he could safely operate a CTA bus, as bus driver seats are designed to accommodate drivers of up to 400 pounds. (Richardson still weighed 400 pounds.) While his weight did not automatically disqualify him from the bus driver job, he did have to show that he could operate six different types of busses to which he might be assigned. The types of tasks he had to perform included: operating the break and gas pedal at the same time, making hand-over-hand turns, and seeing the floor from the seat of the bus. Richardson could not pass the assessment to safely operate a bus and was again placed on leave. Two years later, he was terminated when he was still unable to provide medical documentation that he could perform his job duties.

Richardson filed suit under the “regarded as” prong of the ADA alleging that the CTA regarded him as being too obese to operate a bus. After a dismissal at the lower court, the Seventh Circuit heard the appeal and held that Richardson did not have a disability within the meaning of the ADA, nor was he regarded as having one because his obesity was not caused by a physiological impairment. The Seventh Circuit agreed with three other federal appellate circuits: the second, sixth, and eighth circuits. On the other hand, the Equal Employment Opportunity Commission, as well as a few lower courts, have stated otherwise. The rest of the federal circuits have yet to opine.

What does this mean for employers in Illinois? Initially, you will not know if an employee’s obesity is caused by a physiological reason. Therefore, be prepared, at least initially, to treat the employee the same as any other employee who requests an accommodation and/or who has a medical issue. Members who are uncertain how to handle the reasonable accommodation process in the case of an obese employee should not hesitate to seek the advice and counsel of the Employment Law Services Department at HR Source; contact us at hotline@hrsource.org or 800-448-4584.