Washington Employers and Obesity Discrimination
How Washington’s recognition of obesity as a disability reshapes hiring, management, and workplace policies for employers.
In Washington State, obesity is legally recognized as a disability under the Washington Law Against Discrimination (WLAD), following a landmark 2019 decision by the Washington Supreme Court in Taylor v. Burlington Northern Railroad Holdings, Inc. This ruling has significant consequences for how employers recruit, manage, and accommodate workers who are obese or perceived to be obese. Understanding these obligations is essential to avoiding unlawful discrimination and creating a fair workplace.
1. Legal Background: How Obesity Became a Protected Impairment
The Washington Supreme Court was asked to clarify whether obesity qualifies as a disability under WLAD. In a 7–2 decision, the Court held that obesity is always an impairment within the meaning of the statute. The Court reasoned that obesity is a physiological disorder or condition affecting multiple body systems, such as the cardiovascular, endocrine, and musculoskeletal systems.
Key aspects of the decision include:
- Impairment status: Obesity itself is an impairment under WLAD; it does not need to be caused by another underlying medical condition.
- Perceived impairment: Protections extend to individuals who are not necessarily obese but whom employers perceive as having obesity.
- Employment actions: It is unlawful for employers in Washington to refuse to hire otherwise qualified candidates because they are, or are perceived to be, obese.
Unlike many decisions under the federal Americans with Disabilities Act (ADA), this ruling treats obesity as a disability without requiring proof that it substantially limits major life activities, so long as it meets WLAD’s definition of an impairment.
2. WLAD vs. Federal ADA: Why Washington Is Different
To appreciate the impact of the Washington ruling, employers need to understand how WLAD differs from the ADA in defining disability. Under the ADA, courts often require that obesity stem from an underlying physiological disorder to be treated as a protected impairment. Several federal circuits have held that even severe obesity is not a disability if it is not caused by another medical condition.
| Legal Standard | Washington WLAD | Federal ADA (general trend) |
|---|---|---|
| Is obesity an impairment by itself? | Yes. Obesity is always an impairment under WLAD. | Usually no, unless linked to an underlying physiological disorder. |
| Need to show substantial limitation of major life activities? | Not necessarily. WLAD covers medically cognizable or diagnosable impairments, historical impairments, and perceived impairments. | Generally yes. ADA focuses on substantial limitations of major life activities. |
| Protection for perceived obesity | Yes. Perception alone can support a claim. | ADA also covers perceived disabilities but obesity is less consistently recognized. |
For Washington employers, the practical takeaway is that state law is more protective than federal law where obesity is concerned. An employment decision that might pass ADA scrutiny could still violate WLAD.
3. When Obesity-Related Conduct Becomes Unlawful
Under WLAD, employers may not engage in “unfair practices” based on disability, including obesity. Unlawful conduct can arise at any stage of the employment relationship.
3.1 Hiring and Recruitment
- Refusing to hire or not interviewing an applicant because of their weight or size.
- Using appearance-based criteria or physical standards that disproportionately exclude obese applicants without a legitimate, job-related justification.
- Requiring medical exams or questionnaires that focus on weight without equal treatment of all applicants and a clear business necessity.
WLAD makes it an unfair practice to refuse to hire a person because of a disability unless the disability prevents proper performance of the job. That means employers must focus on whether the applicant can perform essential job functions, with or without reasonable accommodation.
3.2 On-the-Job Decisions
- Terminating or demoting an employee because of obesity or assumptions about productivity, attendance, or health risks.
- Assigning less favorable duties, shifts, or locations based on perceived obesity.
- Harassment or hostile work environment created by jokes, comments, or stereotyping about weight.
- Ignoring requests for reasonable accommodation linked to obesity-related limitations.
Any of these actions may expose the employer to disability discrimination claims if obesity is a factor in the decision-making process.
4. Reasonable Accommodation for Employees with Obesity
Washington employers must provide reasonable accommodations to qualified employees with disabilities unless doing so would cause an undue hardship. Once obesity is recognized as a disability, employers should treat accommodation requests arising from obesity in the same manner as other disability-related requests.
4.1 Examples of Potential Accommodations
Depending on the job and the individual’s needs, reasonable accommodations might include:
- Providing ergonomic or bariatric furniture, such as sturdier chairs or workstations designed for higher weight capacity.
- Allowing flexible schedules to attend medical appointments related to obesity or associated conditions.
- Adjusting physical job duties, where feasible, if certain tasks are unsafe or difficult due to weight-related limitations.
- Revising dress codes so they can be met comfortably by employees of different body sizes.
- Ensuring safe and accessible workspaces, including wider walkways or modified equipment where necessary.
These measures are similar to accommodations required under the ADA: changes to the work environment or processes that enable a person with a disability to perform essential job functions.
4.2 The Interactive Process
When an employee or applicant discloses that obesity affects their ability to perform certain tasks or requests an adjustment, employers should initiate an interactive process to explore accommodations. Best practices include:
- Listening carefully to the individual’s description of limitations and needs.
- Evaluating whether the requested accommodation is reasonable and effective.
- Considering alternative accommodations if the requested one would impose undue hardship.
- Documenting discussions and decisions to show good-faith efforts.
Employers covered by the ADA and Rehabilitation Act already have experience with these procedures. Washington’s recognition of obesity as a disability means those same principles apply to obesity-related claims under WLAD.
5. Policy and Practice Updates for Washington Employers
The Washington Supreme Court’s decision requires employers to look closely at their policies, training, and workplace culture. Several practical steps can help reduce risk and align operations with the law.
5.1 Review and Revise Written Policies
Employers should revisit their written policies, including:
- Equal employment opportunity / anti-discrimination policies: Explicitly acknowledge disability protections under WLAD and clarify that obesity is treated as a disability.
- Hiring and qualification standards: Ensure that physical requirements are job-related and consistent with business necessity, and that they do not unlawfully screen out obese candidates.
- Medical exam and questionnaire procedures: If such tools are used, confirm that they comply with WLAD and ADA limits and are administered consistently.
- Reasonable accommodation procedures: Outline clear steps for requesting and evaluating accommodations, including obesity-related ones.
5.2 Train Supervisors and HR Professionals
Front-line supervisors and hiring managers play a critical role in preventing discrimination. Training should cover:
- The fact that obesity is a protected disability under WLAD.
- How implicit bias and stereotypes about weight can lead to unlawful decisions.
- Proper handling of accommodation requests, including confidentiality and documentation.
- Responding to harassment or jokes about weight promptly and effectively.
Updating training materials to include obesity as a protected characteristic supports legal compliance and improves workplace respect.
5.3 Audit Hiring and Evaluation Criteria
Employers should examine recruitment, promotion, and evaluation criteria for unwarranted weight-based assumptions:
- Remove requirements that focus on appearance rather than ability to perform job duties.
- Confirm that any physical fitness standards are essential to the role and applied equally.
- Check application forms and interview questions for language that might discourage or exclude obese candidates.
Doing so helps ensure decisions are grounded in legitimate performance expectations rather than perceived obesity.
6. Managing Perception-Based Claims
One distinctive aspect of WLAD is that individuals can claim disability discrimination based on an employer’s perception of them as disabled, even if they are not actually disabled. Under the obesity ruling, that principle extends to situations where employers assume someone is obese or will have health or performance issues because of their weight.
To manage perception-based risks, employers should:
- Avoid speculating about an employee’s health, stamina, or reliability based on appearance.
- Base employment decisions on documented performance and objective criteria.
- Train decision-makers not to comment on weight or make unfounded predictions about future medical costs or absenteeism.
Even comments or informal remarks that suggest someone is “too big for the job” can become evidence in a WLAD claim.
7. Intersection with Other Laws and Local Ordinances
Washington employers are often covered by multiple overlapping legal regimes: federal ADA, Rehabilitation Act (for certain public and federally funded employers), WLAD, and local city or county ordinances. Many local laws, such as those in Seattle and King County, prohibit disability discrimination in employment.
Because WLAD’s protection for obesity is broader than the ADA’s typical treatment of obesity, employers should generally follow the most protective standard that applies. This approach reduces the risk of violating any layer of regulation and aligns with best practices in disability rights.
8. Practical Tips for Building a Weight-Inclusive Workplace
Beyond legal compliance, treating obesity as a disability encourages employers to foster a more inclusive workplace culture. Practical steps include:
- Ensuring facilities, furniture, and equipment are suitable for employees of varying body sizes.
- Discouraging stigmatizing comments and encouraging respectful communication.
- Reviewing wellness programs to avoid shaming or singling out employees based on weight.
- Encouraging managers to focus on work outputs and behaviors, not appearance.
Such measures can reduce conflicts, improve morale, and support legal obligations regarding disability discrimination and reasonable accommodation.
9. Frequently Asked Questions (FAQs)
Q1. Does obesity always count as a disability in Washington?
Yes. The Washington Supreme Court held that obesity is always an impairment under the Washington Law Against Discrimination, and therefore can qualify as a disability regardless of its cause.
Q2. What if an employee does not identify as disabled but is obese?
An employee does not need to self-identify as disabled for WLAD protections to apply. If an employer takes adverse action because of the employee’s obesity, or perceives them as having obesity, the employee may still claim disability discrimination.
Q3. Are Washington employers required to follow federal ADA standards on obesity?
Employers covered by the ADA must comply with federal law, but Washington’s state-law protections under WLAD can be broader. Even if obesity would not qualify as a disability under the ADA in some jurisdictions, it is recognized as such under WLAD, so Washington employers must meet the higher state standard.
Q4. Can an employer ever consider weight in hiring decisions?
Weight can only be considered where it is directly tied to essential job functions and legitimate safety or performance requirements. Even then, employers must avoid blanket exclusions and should explore reasonable accommodations that would enable an obese candidate to perform the job.
Q5. How should employers respond to a request for obesity-related accommodation?
Employers should engage in an interactive process: discuss the request, evaluate reasonable options, and implement an accommodation unless it causes undue hardship. This process should mirror how ADA and Rehabilitation Act accommodations are handled for other disabilities.
References
- Obesity: A New Protected Class In Washington — Fisher Phillips LLP. 2019-07-11. https://www.fisherphillips.com/en/insights/obesity-a-new-protected-class-in-washington
- Obesity is a Disability under Washington’s Law Against Discrimination (Taylor v. Burlington Northern Railroad Holdings) — Washington Courts / WCRP (PDF). 2019-07-11. https://www.wcrp.info/sample/TaylorV.BNSF-WCRP-v2.pdf
- Court: Obesity is covered by antidiscrimination law — Washington Courts (PDF). 2019-07-12. https://www.courts.wa.gov/content/publicupload/eclips/2019%2007%2012%20Washington%20Supreme%20Court%20Obesity%20is%20covered%20by%20antidiscrimination%20law.pdf
- Washington Weighs in on Obesity Discrimination — Disability Leave & Absence Management Blog, Jackson Lewis P.C. 2019-08-01. https://www.disabilityleavelaw.com/2019/08/articles/disability-accommodation/washington-weighs-in-on-obesity-discrimination/
- Obesity: Now a Protected Impairment Pursuant to Washington Anti-Discrimination Law — JDSA Law. 2019-07-15. https://www.jdsalaw.com/blog/2019/07/obesity-now-a-protected-impairment-pursuant-to-washington-anti-discrimination-law/
- Does Obesity Qualify as a Disability Under the ADA? It Depends on Who You Ask — Squire Patton Boggs Employment Law Worldview. 2019-04-18. https://www.employmentlawworldview.com/does-obesity-qualify-as-a-disability-under-the-ada-it-depends-on-who-you-ask-us/
- Disability-Based Employment Discrimination in Washington State — Disability Rights Washington. 2023-06-01 (last updated). https://homepagedisabilityrightswashington.wpcomstaging.com/publications/disability-based-employment-discrimination-washington-state/
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