BNSF Fights 7th Circ. Bid To Revive Obese Driver's ADA Suit

Law360 (January 4, 2019, 6:50 PM EST) -- BNSF Railway Co. has told the Seventh Circuit that a lower court rightly found that obesity didn't qualify as an impairment under the Americans with Disabilities Act, urging the appeals court not to revive a Chicago Transit Authority bus driver's wrongful termination suit under the anti-discrimination law.

In an amicus brief filed Jan. 2, BNSF said that the AARP, the Obesity Action Coalition, and other obesity advocacy and medical organizations relied on misguided legal arguments about the amendments that were made to the ADA in 2008 to assert that obesity itself could be an impairment without any underlying physiological disorder. The...

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