Can obese employees win damages under the ADA if you fire them because they're too heavy to do their job? Not in most cases, as it emerged from a recent court decision in Ohio. The employee here, a driver and dock worker, weighed 400 pounds. He was climbing a ladder when a rung broke under him, and he hurt his knee. A doctor found he had a limited range of motion, became short of breath after taking a few steps and couldn't do his job safely. The employee was placed on what the employer called "safety hold" status and was fired when he couldn't return to work within six months. The EEOC sued on the employee's behalf, claiming the employer discriminated against him due to his obesity. But the court threw the case out, saying obesity was an ADA disability only if caused by a physical disorder or condition, like a hormonal imbalance. The employee didn't prove he had such a disorder.
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