A federal appellate panel has judged that employees who are morbidly obese do not have discrimination protection under the Americans with Disabilities Act unless a physiological cause for their condition has been established. Under the federal law, employers cannot discriminate against any qualified individual with a disability, defined as a “physical or mental impairment that substantially limits one or more of the major life activities of the individual.” Employees are also protected by the statute if their employer regards them as being disabled.

In this particular case, Stephen Grindle, who weighed 450 pounds, was climbing a ladder at work when a rung broke and he sustained a knee injury. He was fired after a company doctor determined he could no longer perform his job. Grindle alleged he was fired because of his weight and registered a complaint with the EEOC.

The appellate panel ruled that morbid obesity is not an ADA-covered impairment. The EEOC’s attorney is considering seeking a rehearing on the basis that when an individual’s weight reaches the morbid obesity stage, it truly qualifies as an impairment and does not need a physiological disorder accompanying it.

Observations to the ruling were mixed. Some feel that the decision will give employers the right to feel more comfortable about adopting positive solutions to potential workplace injuries and healthcare costs without worrying about being brought up on ADA discrimination charges. Others point out that employers across the country are struggling with morbid obesity and the problems it brings to the workplace. If the condition were protected under the ADA, employers would be forced to make accommodations, but if it is not protected, what happens to valuable employees who develop health problems?