Is morbid obesity a disability? TX judge lets fired physician pursue claim

Given America’s long-running battle with weight issues, employees and employers are often asking a similar question: Is obesity a disability under the Americans with Disabilities Act (ADA)? For decades, the answer wasn’t so clear, but a Texas appellate judge has shed some light on the matter for employers in the state.

Defining a disability

Roughly 42% of adult Americans are considered obese. In Texas, the statistic falls to 36%, but the fact remains more than one-third of adults in the state are considered obese.

As for whether morbid obesity is a disability, the Texas Commission on Human Rights Act (TCHRA) under the Texas Labor Code defines a disability as “a mental or physical impairment . . . or being regarded as having such an impairment.” The “regarded as” prong encompasses those who have physical and mental impairments as well as those who don’t but are treated by the employer as if they do.

The ADA defines a physical or mental impairment as “any physiological disorder or condition” affecting one or more body systems. Under the Act, body systems include “neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin, and endocrine.”