In July, the Washington Supreme Court ruled it is illegal for employers to refuse to hire someone who is obese if they are otherwise qualified for the job. In the case, Taylor v. Burlington Northern Railroad Holdings, Inc., the Court stated that obesity can be a disabling condition that employers may need to accommodate and obese workers are protected against discrimination.

The case involved Casey Taylor who had received an offer of employment from BNSF Railway, conditioned on his completing a medical history questionnaire and physical. When a medical exam found his body mass index was 41.3, which is in the severely obese range, he was told that company policy was not to hire anyone who had a body mass index over 35. BNSF offered to reconsider his medical qualification if he undertook further medical testing at his own expense. When he said he could not afford the costly tests, BNSF did not offer financial aid.

Taylor sued BNFS Railway and a federal judge in Seattle dismissed the case, ruling that obesity is not a disability under state law, unless it is caused by a separate, underlying physiological disorder. Taylor appealed to the 9th Circuit who asked the Washington Supreme Court to determine under what circumstances, if any, obesity could be qualified as an impairment.

The Washington Supreme Court held that “Because obesity qualifies as an impairment under the plain language of our statute,” the court concluded, “it is illegal for employers in Washington to refuse to hire qualified potential employees because the employer perceives them to be obese.” In addition, they noted that Washington’s anti-discrimination law, Washington State Law Against Discrimination (WLAD) is broader than the national ADA rules and provides protections not otherwise found in federal law.

Washington employers are already familiar with the state’s broad disability discrimination protections, but the new ruling goes further than prior decisions.

Members should review and potentially adjust any nonconforming personnel practices such as physical examinations or medical questionnaires they may use in their hiring process. In addition, Washington employers should review their anti-harassment, anti-discrimination, and anti-retaliation policies to include obesity as a protected class. Finally, employers should be prepared to adjust their reasonable accommodation policies to incorporate this change.

UEA’s Employment Law attorneys are available to discuss your organization’s policies and practices and review any specific accommodation requests you may receive as these determinations are often situation specific.

Click here to read the Washington Supreme Court’s decision.