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

Robert K. Robinson
Ross L. Fink
Dave L. Nichols

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DOI: 10.2190/MN67-HT26-4BXP-MHAC

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 essentially the same as those covered by the more inclusive Americans with Disabilities Act.

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