Obesity Is An ADA Impairment, AARP Tells 8th Circ.

Law360, New York (April 10, 2015, 7:35 PM EDT) -- A Kansas man who says his weight cost him a job with BNSF Railway Co. has gained the support of AARP Inc., who recently told the Eighth Circuit that severe obesity is an impairment under the Americans with Disabilities Act.

The interest group took its position in an amicus brief backing Melvin Morriss III, whose discrimination suit against BNSF was dismissed last year after a lower court ruled he wasn't impaired.

Urging the court to overturn the ruling, the AARP said the judge's decision can't be squared with science's understanding of obesity. The emerging consensus among the medical community is that...

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