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re: Texas supreme court to decide if obesity is covered under ADA
Posted on 2/9/23 at 11:35 am to Cold Cous Cous
Posted on 2/9/23 at 11:35 am to Cold Cous Cous
quote:
this seems like a great opportunity for Texas SCOTUS to punt on the "disability" question and skip right to the reasonable accommodation.
I think you could do both. Rule that the roles of an emergency care physician do not present any reasonable accommodations that do not put the health, safety, and life of patients and other physicians at risk as well as increase liability for other physicians and the care facility.
While also re-affirming the standing precedent from Richardson vs The Chicago Transit Authority that Obesity as a stand-alone is not a disability. If the result of an underlying then the reasonable accommodations in place for that disease would qualify, but not in and of itself.
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