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11 Jul 2012 Montana Supreme Court Holds Obesity Alone Is An Impairment

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).  A copy of the case, BNSF Railway Co. v. Feit, can be found here.  In BNSF Railway, Feit, an applicant for employment at BNSF, filed an administrative complaint with the Montana Department of Labor and Industry (the “Department”) claiming that BNSF discriminated against him because of a perceived disability—obesity—in violation of the MHRA.  The…