Washington Supreme Court Rules That Obesity is a Protected Disability

Washington Supreme Court Rules That Obesity is a Protected Disability

This July, the Washington Supreme Court ruled that obesity is a disability that qualifies for protection under the Washington Law Against Discrimination (WLAD) in a decision that is sure to have a large impact on employers in the state. The verdict comes after an appeal by Casey Taylor, a former marine, following an initial dismissal of the case by a federal judge in Seattle.

As reported by the Seattle Times, Taylor sued the BNSF Railway Company for refusing to hire him under a company policy to not hire anyone with a body-mass index (BMI) over 35. At the time, Taylor weighed 256 pounds and had a BMI of 41.3. In order to be hired, Casey was told that he needed to drop 10% of his weight and maintain his new weight for six months.

How do courts determine what counts as a disability?

The Washington Supreme Court ruled 7-2 in favor of Taylor under the state’s WLAD anti-discrimination law. While federal courts have ruled in the past that obesity is not a disability under the more restrictive federal Americans with Disabilities Act (ADA), the state court said that “obesity qualifies as an impairment under the plain language of our statue,” going on to note that “it is illegal for employers in Washington to refuse to hire qualified potential employees because the employer perceives them to be obese.”

Anti-discrimination implications for employers

This new ruling is important news for employers. With obesity as prevalent as it is in the United States, employers should be extremely sensitive about any policies or communications which could be interpreted as discriminatory. As with all protected classes, this discrimination does not need to occur as part of a written policy but can be implied by something as small as a passing comment.

To make sure your policies and procedures are in compliance with state and federal regulations, it is always a good idea to talk to a knowledgeable business attorney. If you’re in Vancouver or Southern Washington, John L. Davis can help make sure your business is up to date with the latest requirements. Call (360) 597-4740 today to schedule an initial consultation with a business attorney you can trust.