Law Review: Obesity Impairment Must Be Physiological

Parks & RecreationVol. 43 Nbr. 10, October 2008

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Having found insufficient facts to maintain a claim under the ADA, the appeals court affirmed the trial court's summary judgment in favor of the District of Columbia with regard to Ivey's ADA claims.

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Law Review: Obesity Impairment Must Be Physiological

Under the Americans with Disabilities Act, employers are prohibited from discriminating against any qualified "individual with a disability." The ADA defines disability as a "physical or mental impairment that substantially limits one or more of the major life activities of the individual" [42 U.S.C. § 12102(2)(A)].

However, individuals who do not actually have a substantially limiting impairment are also covered under the statute if their employer "r...

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