Evaluating Obesity As An Impairment At Wash. High Court
By Tina Tellado and Trisha Thompson (November 7, 2018, 11:44 AM EST) -- Across the United States, there is currently only one state (Michigan) that explicitly prohibits discrimination on the basis of a person's weight. Notwithstanding the lack of explicit protections for obese people, many state laws have faced weight-based discrimination challenges. Washington is currently facing such a challenge. On Sept. 17, 2018, the Ninth Circuit certified the following question to the Washington Supreme Court: "Under what circumstances, if any, does obesity qualify as an 'impairment' under the Washington Law Against Discrimination (WLAD), Wash. Rev. Code §49.060.040?" The answer to this question will not just determine whether the plaintiff in Taylor v. Burlington Railroad Holdings Inc., has...
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