Colleen is employed by Total World Fitness Club as a secretary. Recently, due to stress in her life, she has been binging on chocolate ice cream. As a result, Colleen has gained 14 lbs. Her employer has counseled her about the problem and advised her that she must lose the weight in order to conform to company standards of fitness. Colleen fails to lose the weight and is fired.
A) Colleen has a cause of action for discrimination based on the American with Disabilities Act (ADA) .
B) Colleen does not have a cause of action for discrimination under the ADA because her weight does not substantially affect a major life activity.
C) Colleen has a cause of action based on her right to privacy because her employer fired her for the off-work activity of eating.
D) None of the choices are correct.
Correct Answer:
Verified
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