The appellate court found that Cook had produced sufficient evidence for a jury to find a "physical impairment". The court noted that Cook admittedly suffered from morbid obesity. Although Cook was a perceived disability case, the evidence suggests that warning to employers that morbid obesity may also constitute a physical impairment in an "actual" disability case. The court noted that "[i]n a society that all too often confuses "slim" with "beautiful" or "good", morbid obesity can present formidable barriers to employment. Morbid obesity of sufficient duration and with a significant impact on major life activities can constitute a disability.
The supreme court has ruled that morbid obesity can be considered to be a disability under ADA, both as a perceived case of disability, .
The focus under the ADA is whether the person can prove a physical or mental impairment which substantially limits one or more major life activities, or whether they are perceived in that fashion, even if they aren't really so limited. In certain cases, state laws governing discrimination claims may be more protective because of the way that they are drafted or the way they have been interpreted. .
Some courts have held that all overweight workers are physically impaired -- and thus entitled to be protected from discrimination under disability laws. Some courts have opined that overweight workers are protected by disability laws only if there is some medical evidence showing that the weight gain is due to a physiological condition. And a third line of legal reasoning holds that only morbidly obese workers -- those 100% or more over normal weight -- are entitled to the laws' protections.
When asked to provide some guidance, the federal Equal Employment Opportunities Commission (EEOC) was noncommittal -- stating only that obesity claims would be considered "on a case by case basis.".
About 1 in 80 men weights more than 300 pounds, (a 50% increase between 1996 and 2000) and approximately 1 in 200 women weighs more than 300 pounds, (a 67% increase from 1996 to 2000).
