The Seventh Circuit Court of Appeals recently ruled that the American with Disabilities Act (“ADA”) does not protect an applicant who later may become impaired. In this instance, a worker applied for a position that would have required him to perform “safety-sensitive” tasks. After he was extended a conditional offer of employment, the Plaintiff was required to pass a medical evaluation. Defendant, as a matter of course, does not hire applicants for a safety-sensitive position if their body mass index (“BMI”) is over 40. Defendant reasoned that applicants who exceed BMI levels are at a substantially higher risk of developing certain conditions that can result in incapacitation on the job. The plaintiff’s BMI was 47.5, or morbidly obese.
The plaintiff filed suit asserting that the failure to hire him amounted to discrimination under the ADA on the basis of a perceived disability.
Read the source article at Legal News & Business Law News
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