Sixth Circuit Obesity Decision

This morning, the Sixth Circuit issued its decision in EEOC v. Watkins Motor Lines, Inc. The EEOC had brought suit on behalf of a worker who claimed he had been fired because of his morbid obesity (he weighed up to 450 pounds). The Sixth Circuit held that the worker did not have a "disability" for purposes of the ADA, because he did not show that his obesity had a "physiological cause" and therefore qualified as a "physiological disorder." Although the EEOC had shown that the worker's weight was more than 100% greater than the norm (sufficient for a diagnosis of morbid obesity under the traditional definition), they failed to show that the weight was "the result of a physiological condition."

This decision seems to me quite confused, though it's a confusing area so I cut the court some slack. What does it mean to say that morbid obesity has a "physiological cause"? All of our behavior has some physiological cause, if only from hormones and brain activity. And there's lots of reason to believe that brain proteins that alter appetite and activity levels, not to mention genetics, are substantial contributors to morbid obesity. More broadly, every fact about our body is by definition physiological. And morbid obesity, being a condition of one's physiology, is by definition a "physiological condition."

So the problem can't be that the worker's morbid obesity had no "physiological cause" or was not a "physiological condition." The problem has to be that he had no physiological "disorder." But what does that mean? The theory of "disorder" can't be a condition that has some identifiable organic etiology, or most "syndrome"-type conditions would be ruled out. We often just don't know what the etiology of a particular condition is, even when doctors diagnose it, recognize that it calls for treatment, and treat it. For it to make any sense, I think "impairment" has to be defined medically -- according to what are the conditions that are the basis for recognized medical (and psychological, since the statute includes both physical and mental impairments) diagnoses. On that score, morbid obesity that meets clinical criteria should always be an "impairment" -- which doesn't mean it will always be a "disability," as the plaintiff will still have to show actual or perceived substantial limitation of a major life activity.

Thanks to How Appealing for the tip.