United States Sixth Circuit

In order to constitute an Americans with Disabilities Act (ADA) impairment, a person's obesity, even morbid obesity, must be the result of a physiological condition. In an employment discrimination action under the ADA alleging that defendant discharged an employee because of his morbid obesity, summary judgment for defendant is affirmed where plaintiff-EEOC did not show that the former employee suffers from an ADA impairment.

Appellate Information

• Decided 09/12/2006
• Published 09/12/2006

Judges

• Before:  KENNEDY and GIBBONS, Circuit Judges;  DONALD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Daniel Travis Vail, Equal Employment Opportunity Commission, Washington, D.C., for Appellant.  Katharine C. Weber, Cors & Bassett, Cincinnati, Ohio, for Appellee.   ON BRIEF:  Daniel Travis Vail, Equal Employment Opportunity Commission, Washington, D.C., for Appellant.  Katharine C. Weber, Susan R. Bell, Cors & Bassett, Cincinnati, Ohio, for Appellee.