“The Wall Street Journal’s Risk & Compliance Journal spoke with several lawyers who saw an increased liability risk.
***
[Jeff] Weintraub [of Fisher & Phillips] also told thethat wellness programs dealing with obesity could be a litigation risk. “If a wellness program puts an employer in the position of inquiring about obesity and if the obesity is deemed to be a covered disability then I see the possibility that corporate wellness programs themselves could lead to litigation,” he said.
***
[Claudia Center, director of the disability rights program at the Legal Aid Society-Employment Law Center in San Francisco] also saw the possibility of disparate-impact litigation over employment practices that target obesity, based on differing obesity rates among racial or ethnic groups.”

It’s statements like these that give me confidence that T-shirt sloganeers will never be unemployed:

“My fat is your fault”
“Supersize that – I’m off to see my lawyer”
“Judge Not – unless you can get a big settlement”