The concept of obesity and morbid obesity as a disability has been a hot issue for several years. The ADA Amendments Act of 2008 (ADAAA) altered the scope of the definition of disability (look at the EEOC links in the HR Web Sites in the Student Resources module). After approximately two years of input from employers and other interested parties, the EEOC published its final rule regarding the implementation of the ADAAA. Joe, who is about 100 pounds over his ideal body weight, interviewed for a job as a sales counselor for a weight loss center. The center emphasizes one-on-one coaching and healthy lifestyle maintenance. Joe was told by the interviewer that he was the “most qualified” applicant but that the regional manager had concerns about his weight. Joe was later informed that he would not be hired now because the company was “image conscious” and his weight would “send the wrong message.” He was told to re-apply for employment after losing 70 pounds.

Define morbid obesity and discuss

(1) what claim Joe may raise under the ADA,

(2) what the court should decide, and

(3) what some future implications would be for organizations affected by the ADAAA and that employ morbidly obese people.