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Additional Information
It is not clear cut under the law whether obesity always meets the definition of a “disability,” but it is clear that “regarding” someone as disabled, even when they are not, is a form of discrimination.
Gossip & Insensitive Comments
Insensitive remarks about an overweight co-worker can lead to the perception of harassment. Discussions with co-workers that ridicule or disrespect anyone because of a protected class status can be offensive and lead to an accusation of discriminatory harassment.
It is not clear cut under the law whether obesity always meets the definition of a “disability,” but it is clear that “regarding” someone as disabled, even when they are not, is a form of discrimination.