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 decision gives a measure of hope to Elliot Spiegel, who filed suit under the ADA and state and city human rights law, claiming he was fired from his job as a karate instructor because he is obese. Spiegel had lost his case on summary judgment in the Eastern District of New York.
May 12, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
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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