January 2, 2019 / 1:13 PM / 2 months ago

BNSF asks 7th Circuit to reject claim that obesity is a disability

BNSF Railway Co, which has been sued several times for allegedly discriminating against obese workers and job applicants, is backing a Chicago agency that has asked a U.S. appeals court to toss disability bias claims by a former bus driver who weighed more than 500 pounds when he was fired.

Texas-based BNSF in an amicus brief filed on Friday told the 7th U.S. Circuit Court of Appeals that Congress never intended for the nearly 40 percent of Americans who are obese to be covered by the Americans with Disabilities Act, and new science does not show that obesity itself is a disease unless it results from some underlying medical condition.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2SvRby4

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