The Legal and Managerial Challenge of Obesity as a Disability: Evidence from the Federal Courts
- ASU Author/Contributor (non-ASU co-authors, if there are any, appear on document)
- Mark Bradbury Ph.D., Associate Professor, Director of MPA Program (Creator)
- Institution
- Appalachian State University (ASU )
- Web Site: https://library.appstate.edu/
Abstract: The Rehabilitation Act and the Americans with Disabilities Act prohibit discrimination
against applicants and employees with disabilities. Following the elements of a prima
facie claim of discrimination, this legal brief explores the conditions under which obesity
has been deemed a disability. Although obesity is not generally considered a disabling
impairment, plaintiffs have successfully brought obesity-related claims based on
a rarely implicated definition of disability. The so-called regarded as definition protects
those who are not substantially limited by any condition but are subjected to discrimination
based on the perception that they are limited by a physical or mental impairment.
Although employers have faired well in such obesity-related discrimination claims, a
review of federal case law suggests that public human-resource managers are advised to
adopt a strategy that reduces the likelihood of obesity-related discrimination, as it is
more desirable to avoid potentially litigious behavior than to emerge victorious in court.
The Legal and Managerial Challenge of Obesity as a Disability: Evidence from the Federal Courts
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Created on 7/26/2011
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Additional Information
- Publication
- Bradbury, M. D. (2007) The legal and managerial challenge of obesity as a disability: Evidence from the federal courts. Review of Public Personnel Administration, 27(1): 79-90. (Mar 2007), pp. 79-90. Published by Sage (ISSN: 0734-371X). DOI:10.1177/0734371X06291814
- Language: English
- Date: 2007