EEOC Suit Based on Obesity as Perceived Disability

Today's HR Daily News has the story of the EEOC's lawsuit filed on behalf of a 400 lb truck driver who was discharged even though he had passed his DOT physical. With the increased difficulty of establishing an actual disability under the ADA's definition as construed by the courts, we can anticipate more attempts to use the 'perceived as' prong, which is the basis for the Commission's claim against Watkins Motor Lines.