Cook v. State of Rhode Island: Expanding the Application of "Perceived Disability" Under U.S. Disability Laws

Abstract

The federal district court for the District of Rhode Island has recently ruled that a morbidly obese woman is entitled to protection under the Vocational Rehabilitation Act because her obesity was "perceived" as a disability. Though certain aspects of this ruling are specific to the particular actions of the employer in this case, a precedence for future rulings based on perceived disabilities has been created. This is of particular concern as the requirements for establishing "perceived disability" under the Rehabilitation Act are essen­ tially the same as those covered by the more inclusive Americans with Disabilities Act. On November 22,1993 the Federal District Court for the District of Rhode Island ruled that the Rhode Island Department of Mental Health, Retardation, and Hospi­ tals (MHRH) had violated the Rehabilitation Act of 1973 [1] by denying the complaining party a position as an institutional attendant for the mentally retarded (ΙΑ-MR) because she was "morbidly obese" [2]. Medically, an individual is considered to be morbidly obese if that individual weighs more than twice that individual's optimal weight or is in excess of 100 pounds of their optimal weight [3]. The popular press immediately concluded that this interpretation of federal disability laws would provide Equal Employment Opportunity (EEO) protection