Category: Disability Discrimination
Obesity and the ADA: Does 33% of the U.S. Population Have ADA Protection as a Result of Obesity?
Yesterday, the Eighth Circuit issued an opinion in Morriss v. BNSF Railway Co. , No. 14-3858 (April 5, 2016), rejecting the plaintiff's argument that obesity (in and of itself) is sufficient to maintain an ADA claim. The Eighth Circuit joins the Sixth Circuit and the Second Circuit in coming...
Female Who Keeps Position Plus Male Who Loses Position Equals Discrimination Claim Surviving Motion to Dismiss
Last month, a federal judge in the Eastern District of Michigan denied the U.S. Postal Service's Motion to Dismiss a claim of sex, military, and disability discrimination. The claim was premised on the allegation of a former employee who claimed he was fired when he became ineligible for a...
