Since I last blogged about obesity in March a pair of decisions from the Western District of Pennsylvania have taken up the question of obesity in connection with Title III lawsuits. Anderson v. Macy’s, Inc., 2013 WL 1857535 (W.D. Penn. 2013) and Anderson v. Kohl’s Corp., 2013 WL 1874812 (W.D. Penn 2013). The opinions are essentially identical, and make a number of points relevant to how businesses react to obesity as a disability under the ADA.
First, the Court did not accept as a foregone conclusion that the plaintiff’s obesity was in fact a disability. Notwithstanding the EEOC’s position on the issue, the Court reviewed cases from both before and after the 2008 More