Background

• The Montana Supreme Court answers a certified question from a federal district court regarding whether obesity not caused by a physiological condition can be a physical or mental impairment under MHRA § 49-2-101(19)(a).
• The certified question stems from a 2009 MHRA discrimination suit by Eric Feit against BNSF for allegedly perceiving Feit as disabled due to obesity.
• The U.S. District Court for the District of Montana certified the relevant facts about BNSF’s conditional job offer, obesity-based disqualification, required weight loss or extra exams, and Feit’s inability to afford a sleep study.
• The court analyzes MHRA in light of federal disability law, particularly the ADA and ADAAA, and EEOC interpretations, to interpret “physical or mental impairment.”
• The panel concludes that obesity not from a physiological disorder may be an impairment if weight is outside normal range and affects one or more body systems under 29 C.F.R. § 1630.2(h)(1).
• The decision emphasizes that ADAAA broadens coverage but does not alter the core physiological disorder requirement for impairment under MHRA.

Issues

Key Cases Cited

• EEOC v. Watkins Motor Lines, Inc., 463 F.3d 436 (6th Cir. 2006) (obesity requires a physiological condition to be an impairment)
• Andrews v. Ohio, 104 F.3d 803 (6th Cir. 1997) (weight not from physiological disorder is not an impairment)
• Francis v. City of Meriden, 129 F.3d 281 (2d Cir. 1997) (physical characteristics not from physiological disorder aren’t impairments)
• Cook v. R.I., Dept. of Health, 10 F.3d 17 (1st Cir. 1993) (morbid obesity disabled only if caused by a physiological disorder)