Disability Risk Creates ‘Catch-22' for Workers in Bias Cases (1)

A railroad didn’t violate federal law when it refused to hire an obese applicant because of the risk of possible health issues. And another employer could fire a worker before a trip to Africa where she potentially could catch Ebola.

These two recent federal appeals court rulings add to growing precedent that says future disabilities aren’t covered by federal anti-discrimination law.

This interpretation clashes with the advocacy of the U.S. Equal Employment Opportunity Commission, which has brought at least one case arguing a worker doesn’t need to have a current physiological disorder to be protected under the Americans with Disabilities ...