Obesity

Overview
Whether obesity is a disability under the ADA depends on the facts and the jurisdiction. Most federal circuits, including the Sixth Circuit (which covers Tennessee), hold that obesity alone is not a protected impairment without an underlying physiological disorder.

Where the courts stand
The original ADA statute does not mention obesity. After the 2008 ADAAA, some courts have looked at whether obesity could qualify. Most federal circuits that have decided the question — the Second, Sixth, Seventh, and Eighth Circuits — have held that obesity alone, without an underlying physiological disorder or condition, is not a physical impairment under the ADA. The First Circuit has taken a more expansive view.

Tennessee sits within the Sixth Circuit, which follows the majority approach.

Practical guidance for cities
Even under the majority rule, cities should proceed carefully:

• Engage in the ADA interactive process when the employee identifies an underlying physiological condition (for example, endocrine or musculoskeletal disorder)
• Consult the city attorney and the city's risk insurer before adverse action
• Document the case-by-case analysis

Key sources

• 42 U.S.C. § 12102 (definition of disability)
• 29 CFR § 1630.2 (EEOC regulations)
• Sixth Circuit decisions applying the majority rule