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No Crystal Ball for the ADA: Future Disabilities Not Protected Under Act

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Former Associate
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On October 29, 2019, a panel of Seventh Circuit Appellate Court Judges held that the Americans with Disabilities Act (ADA) does not cover alleged discrimination based on future impairments. Shell v. Burlington N. Santa Fe Ry. Co., No. 19-1030, 2019 WL 5558090 (7th Cir. Oct. 29, 2019). The unanimous three-Judge panel ruled in favor of employer, BNSF Railway Co. (BNSF), which refused to hire an overweight applicant because of the perceived risk that he would develop future obesity-related medical conditions. For more information, read on here.