“High Court Won’t Consider Whether Obesity Covered By ADA”
The U.S. Supreme Court declined Monday to review an Eighth Circuit decision that found obesity is generally not a disability under the Americans with Disabilities Act, rejecting an appeal from a Kansas man who was denied a job at BNSF Railway Co.
Without comment, the justices denied certiorari in a case brought in August by Melvin A. Morriss III. Morriss had asked the justices find that morbid obesity is an actual impairment under the ADA.
The counsel of record for BNSF at the Supreme Court is Bryan Patrick Neal of Thompson & Knight LLP.