The open question of whether obesity, standing alone, can be counted as a disability under the “uniquely broad and remedial” statutory scheme of the New York City Human Rights Law has been remanded to a district judge.

The 2nd U.S. Circuit Court of Appeals said in Spiegel v. Schulmann, 06-5914-cv, that New York City Human Rights Law, N.Y. City Admin. Code §8-107(1)(a), casts a wider net than state and federal civil rights laws.

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