U.S.A.4 UNITED STATES OF AMERICA

United States Court of Appeals, First Circuit Cook ν. Rhode Island

in International Labour Law Reports Online
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U.S.A.4 UNITED STATES OF AMERICA

United States Court of Appeals, First Circuit Cook ν. Rhode Island

in International Labour Law Reports Online

References

*Some footnotes have been omitted. The others are not renumbered.

'The medical profession considers a person morbidly obese if she weighs either more than twice her optimal weight or more than 100 pounds over her optimal weight. See Merck Manual 950, 953 (15th ed. 1987). While Cook had been corpulent during her prior tours of duty, she had not then attained a state of morbid obesity.

'Implicit in the Rehabilitation Act's requirement that an employer who receives federal funds make reasonable accommodations to allow a disabled employee to perform her job is the concept that the employer must absorb some costs in working toward the goal of providing meaningful employment opportunities for disabled persons. See, e.g., 45 C.F.R. § 84.12 (requiring accommodations such as ` job restructuring," "modified work schedules," "acquisition or modification of equipment or de- vices," and the like). Such accommodations are necessary unless the employer can "demonstrate that the accommodation would impose an undue hardship," which is determined, inter alia, by the "nature and cost" of the proposed accommodation. ld., § 84.12(b)(2) * * *.

'Comment, "Weighing In Against Obesity Discrimination", 35 Bost. CollegeL. Rev 927, 929 (1994). 2Comment, "The Status of Weight-Based Employment Discrimination", 74 Bost. U.L. Rev. 667 (1994).

335 Bost. College L. Rev 927 at 941.

4One commentator argues that such proof is a necessary inquiry unless the evidence shows that the employer perceived the worker to be functionally disabled merely because of the degree of obesity. Comment, "Morbid Obesity as a Protected Disability or an Unprotected Voluntary Condition", 28 Ga. L. Rev 771, 799-800 (1994).

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