Ninth Circuit Punts On Whether Obesity Is A Disability Under the ADA

The U.S. Court of Appeals for the Ninth Circuit has sidestepped the issue of whether obesity is an actionable “impairment” under the Americans with Disabilities Act (ADA). It’s a question that has been in the spotlight recently, after the Seventh Circuit agreed with the Second, Sixth, and Eighth Circuits in holding that obesity is not an actionable impairment under the ADA unless it is caused by an underlying physiological disorder or condition.