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Legal Issues Involving Obesity and the ADA

By Leigh Jones

Marta Fernandez got a call earlier this year from a client with a weight problem. Her client, a hotel and resort chain, was troubled about how to handle a request by an obese employee at one of its California properties. Required to walk the grounds as part of her job, the worker wanted to use one of the company's golf carts to get around.

The employee was asking for an accommodation for her disability ' obesity. Fernandez, a partner in Jeffer, Mangels, Butler & Mitchell, was quick to offer advice: Do it. It might have been a more difficult call just one year ago for Fernandez, who practices employment law in Jeffer Mangels' Los Angeles office. But with the outcomes fresh in her mind of three federal cases indicating growing acceptance of obesity as a condition covered by the Americans With Disabilities Act (ADA), it was a pretty easy decision.

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