In an article for Law360, Labor and Employment Attorneys Jennifer Froehlich and Andrew Fiske discuss recent Seventh Circuit rulings that clarify the Americans with Disabilities Act (ADA) obesity standard for employers. In two recent cases, the U.S. Court of Appeals for the Seventh Circuit's analysis clarifies for employers within its circuit that "obesity not caused by an underlying medical condition is not a protected category under the ADA and therefore can be a basis for an employer to take an adverse action." However, the authors note that while this sets a precedent, it must be applied based on an employers jurisdiction and the status of the law there until the U.S. Supreme Court takes a position on the topic.
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