The EEOC thinks so. On September 27, 2011, the EEOC sued BAE Systems, Inc. in Texas, alleging that a 680 pound worker, Ronald Kratz, was discriminated against because of his morbid obesity.

The EEOC alleged that Kratz could do all the essential functions of his job with reasonable accommodations but that BAE systems fired him because of his obesity. The EEOC alleges that Kratz’s morbid obesity limited him in one or more major life activities, of walking, standing, kneeling, stooping, lifting and breathing.

While no decision has been made in this lawsuit yet, employers should be very cautious about dismissing any employee because of obesity as the EEOC is likely to continue to push this position.