Is obesity a disability? The New Jersey Appellate Division says (because a New Jersey statute says): only if it is caused by bodily injury, birth defect or illness. Dickson v. Community Bus Lines (New Jersey Ct App 04/04/2019) [PDF]. This is the Employment Law Case of the Week - Part of a series.
We have a bus driver who has been driving for 10 years, weighs between 500 and 600 pounds, and is obviously obese.
He failed his periodic medical exam which he needs for his commercial driver's license, and the doctor says he needs more tests.
He sued under the New Jersey Law Against Discrimination claiming that he was perceived as having a disability (obesity) and that there was a hostile work environment because of that.
The problem was that the New Jersey statute says that a disability has to be “caused by bodily injury, birth defect or illness.” Just being obese is not enough.
You may have a different outcome in other jurisdictions, but in New Jersey it's not enough just to be obese.