Is Obesity a Disability? Should it be Covered Under the Americans with Disabilities Act?

Obesity is generally not considered a disability under the Federal Americans with Disability Act.

To be covered by the law you need to have a BMI (Body Mass Index) of over 400 or be at least 100 pounds overweight. You also need to have an underlying disorder that caused the obesity.

With a rapidly growing (yes it was intended) population of obese Americans will we bow under pressure and make it a disability? Would our courts be overwhelmed with lawsuits against restaurant that have booths with too small openings?

If obesity were a disability would schools have to buy new desks to avoid parents flocking to protect their not so little Tommy or Sue from getting stuck? The airlines would finally have to give us some room in their cozy cabins.

In truth most of these changes would not be made. The ADA does not require businesses to modify or remove barriers in existing public places when it is readily achievable and can be done with little difficulty or expense. So unless you are too large to fit through the door of the Post Office don't expect special treatment from businesses.

The ADA admits to only receiving a handful of complaints concerning obesity, which makes sense considering the rigid requirements to claim noncompliance. The law specifies that modifications in policies only be made if they are reasonable and do not fundamentally alter the nature of the program or service. So I don't think the airlines would put larger seats in, they can squeeze by using seatbelt extensions.

There is also the case of charging the obese individual for an extra seat. This is now not considered discrimination and will not change unless the law considers obesity a disability. If we obese flyers are charged for an extra seat, then should skinny people get a discount because they won't use up all of their room?

Some arguments state that obese people put themselves in that position and can stop if they want. I personally have trouble with emotional eating and I consider it a mental health issue, but not a disability. Not fitting in amusement park rides and having to wear frumpy clothing isn't enough to make obesity a disability.

Employment or loss of is a different issue. An employer increasingly cannot deny hiring someone solely because of their weight. This is still a debatable area and employers should start treating weight just as seriously as age, race and religion when considering hiring or disciplining an employee.

With the current population of obese Americans expanding every year expect to see these issues increasingly brought to our attention and played out in our courts.