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A House Divided: The Incompatible Positions Of The Centers For Disease Control And The Equal Employment Opportunity Commission On Obesity As A Disability, Kent Kauffman

Kent D Kauffman

The question whether obesity was a covered disability under the Americans with Disabilities Act (ADA) was inconsistently answered by the federal courts. But the passage of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) revised the federal government's position on obesity as a disability, and the Equal Employment Opportunity Commission has, as a result, taken a more assertive role in this area of disability discrimination. The difficulty with the EEOC's position is that is disregards the reality that obesity presents in the workplace, one of ever-burgeoning and unsustainable costs. It is also a stance that is antipathetic to …