Montana Supreme Court rules obesity could be considered an impairment and protected against discrimination
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July 8, 2012
Montana: On July 6, 2012, a divided Montana Supreme Court handed down a decision saying that obesity may qualify as an impairment under the Montana Human Rights Act. This ruling could allow obese people to seek more protection from discrimination.[1]
The 2009 case which lead to this ruling involved a complaint to the Montana Department of Labor by Eric Feit who was denied an opportunity for hire due to "significant health and safety risks associated with extreme obesity".
The Burlington Northern Santa Fe Railway said Feit wouldn't be considered for the position unless he lost 10% of his body weight or successfully completed physical examinations. Feit set about losing the weight and successfully completed and paid for all the required examinations but one. A required sleep exam would cost $1,800, which Feit says he can't afford.[1]
Supreme court justices Beth Baker, James Nelson (Montana), Mike Wheat and Patricia O'Brien were in the majority while [[Brian Morris]], Mike McGrath and James Rice dissented.[1]
Footnotes
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