Formerly, Michigan was the only state to explicitly declare weight a protected class according to state discrimination law.
The Americans with Disabilities Amendments Act did not change the definition of impairment but it may have changed the EEOC's view on whether obesity is an impairment.
Responding to a question certified by a federal district court, a divided Montana Supreme Court has said that obesity which is not the symptom of a physiological condition may be a “physical or mental impairment” as the terms are used in the Montana Human Rights Act.
On July 6, 2012, the Montana Supreme Court held that obesity alone, without any underlying physiological disorder or condition, constitutes an impairment for purposes of the Montana Human Rights Act “MHRA).
Counsel defending serious toxic exposure or personal injury claims are often faced with a determination by the Social Security Administration (SSA) that the plaintiff is disabled.
In McDonald v. Department of Envtl. Quality, the Montana Supreme Court reversed a trial court’s ruling that an employer has no duty to provide accommodations regarding service animals, reasoning that “if a disabled employee’s assistive device is not usable in the workplace, then allowing her to bring the assistive device to work is pointless.”