143858P.pdf   04/05/2016  Melvin Morriss, III  v.  BNSF Railway Company
   U.S. Court of Appeals Case No:  14-3858
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Wollman, Author, with Bright and Loken, Circuit Judges] 
   Civil case - Employment Discrimination. Taken as a whole, the relevant 
   statutory and regulatory language makes it clear that for obesity to 
   qualify as a physical impairment - and thus a disability - under the ADA, 
   it must result from an underlying physiological disorder or condition; 
   this remained the standard even after the enactment of the ADA Amendments 
   Act of 2008, which did not affect the definition of physical impairment; 
   because plaintiff failed to produce evidence that his obesity was the 
   result of an underlying physiological disorder or condition, the district 
   court properly concluded he did not have a physical impairment under the 
   ADA; plaintiff failed to produce evidence that defendant perceived his 
   obesity to be an existing physical impairment.