"I don't think people are aware morbid obesity could be considered a disability under the law," she said.
In September 2010, the agency filed a suit against nonprofit organization Resources for Human Development, Inc., for firing an employee because of her obesity, in violation of the ADA.
The case arose from the charge of a former employee, Lisa Harrison, who claimed she was fired her from a New Orleans facility because of her disability.
The EEOC alleges that, as a result of her obesity, the employer perceived Harrison as being "substantially limited" in major life activities, including walking. Harrison was able, according to the lawsuit, to perform all of the essential functions of her position. Before the EEOC filed suit, Harrison died. The suit is still pending, according to Boutchee.
Boutchee said Kratz' case could last 12 to 18 months if it is not resolved before trial.