9th Circ. Sticks With Ruling That Obesity Is Not 'Impairment'

Law360, New York (November 1, 2016, 8:01 PM EDT) -- A Ninth Circuit panel on Tuesday refused to rehear its decision that obesity is not an “impairment” under Montana law, in a lawsuit brought by a man who was denied employment by BNSF Railway Co. because of his obesity.

Eric Feit had asked the panel in September to rehear its ruling that his obesity, which purportedly caused Burlington Northern Santa Fe Railway Co. to rescind its conditional employment offer, was not extreme enough to qualify as an impairment. He said that the appeals court overlooked and ignored undisputed evidence. On Tuesday, however, the panel, declined to take another look at the...

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