Question: Sue Pappas applied for a position as an attendant for a psychiatric institution. She had previously worked for a similar institution where she had a very similar position and she had an excellent work record. She left the previous institution in good terms and the only reason for leaving the previous institution was that her family had moved into a new area. She stood 5'3" tall and weighed almost 330 pounds. She met the qualifications to do the job, and her physical indicated that she was able to do the job. The psychiatric institution decided not to hire her because of her obesity, claiming that her weight compromised her ability to evacuate patients in the event of an emergency. They also said that she was at a greater risk of developing serious health ailments which was likely to lead to higher health costs, workers' compensation claims, and absenteeism. Sue Pappas sued the institution under ADA. (Note: she was unable to do all of the major life activities because of her obesity.)

Does Sue have a disability as defined by ADA and ADAAA? Why? b) If you were the judge how would you rule? Did the employer discriminate unlawfully? Why or why not?