AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Obesity
Tenth Circuit rejects
a discrimination claim brought by a 338 lb. 6'3" federal worker. "Plaintiff
was not discriminated against because of his weight. He simply failed to
meet the minimum physical requirements of the position. ... The job requires
an operator who might be able at all times to respond to an emergency with
some degree of physical agility." Wilkerson v. Shinseki, #09-8027,
2010 U.S. App. Lexis 11135, 109 FEP Cases (BNA) 660, 23 A.D. Cases (BNA)
321 (10th Cir.).
EEOC failed to prove
that an employee's morbid obesity (body weight more than 100% over the
norm) was the result of a physiological condition; a physical characteristic
must relate to a physiological disorder in order to qualify as an ADA impairment.
EEOC v. Watkins, #05-3218, 2006 U.S. App. Lexis 23177, 2006 FED App. 0351P,
18 AD Cases (BNA) 641 (6th Cir. 2006). {N/R}
Federal court dismisses a suit filed by an
overweight officer who "was humiliated and embarrassed" by having
to take a fitness exam, under the threat of disciplinary action. Bunyon
v. Henderson, #01-242, 2002 U.S. Dist. Lexis 11435 (D.D.C. 2002). [2002
FP Sep]
Writing in the case of a 400 lb., 5'9"
woman employee, the New Jersey Supreme Court finds that morbid obesity
is a protected handicap under state law. Viscik v. Fowler Equip. Co., #A-38
Sept. Term 2001, --- A.2d ---, 2002 N.J. Lexis 360 (N.J. 2002). [N/R]
Ninth Circuit holds
that the use of height-weight tables for men and women, taken from the
different sources, is gender discrimination. Frank v. United Airlines,
#98-15638, 216 F.3d 845, 83 FEP Cases (BNA) 1, 2000 U.S. App. Lexis 14336
(9th Cir.). [2000 FP 139]
Federal appeals court rejects ADA suit by
overweight firefighter. He failed to prove management "perceived"
him to have a covered disability. Francis v. City of Meriden, #96- 9610,
129 F.3d 281, 1997 U.S. App. Lexis 32159 7 AD Cases (BNA) 955 (2nd Cir.).
[1998 FP 170]
Firefighter loses ADA suit challenging department's
mandatory weight reduction policy; management did not "regard"
him as impaired. Francis v. City of Meriden, 129 F.3d 281, 7 AD Cases (BNA)
957, 1997 U.S.App. Lexis 32159 (2nd Cir.). [1998 FP 24-5]
Federal appeals court rejects suit by Ohio
state troopers who challenged weight and fitness regulations as discriminatory.
They were neither disabled nor "regarded" as impaired. Andrews
v. Ohio, 104 F.3d 803, 1997 U.S.App. Lexis 457 (6th Cir.). [1997 FP 58-9]
Minnesota appellate court upholds termination
of a 350+ pound firefighter who was unable to lose weight. Senior v. City
of Edina, 547 N.W.2d 411 (Minn.App. 1996). [1997 FP 58]
Federal judge refuses to dismiss a claim
of ADA discrimination based on a police officer's obesity; it is "a
question of fact for the jury." Morrow v. City of Jacksonville, 941
F.Supp. 821 (E.D.Ark. 1996). {N/R}
300 lb. firefighter applicant loses discrimination
suit. Although Michigan law protects overweight persons, the city lawfully
rejected the plaintiff for his inability to deal with stress. Howard v.
City of Southfield, #95-1014, 1996 U.S. App. Lexis 25290. [Michigan is
the only state to prohibit weight discrimination; Mich. Comp. Laws §37.2202(1)(a)].
{N/R}
Woman officer ordered to lose weight, awarded
$650,000 for gender bias. Hart v. City of Peabody, Essex Co. Mass. #93-2252-A,
34 (1558) G.E.R.R. (BNA) 427 (Super.Ct. 1996). [1996 FP 104-5]
Federal court rejects suit by an overweight
former trooper who was demoted to dispatcher for her failure to lose weight.
She was not "disabled" under federal law. Smaw v. Va. State Police,
862 F.Supp. 1469 (D.Va 1994). [1995 FP 42-3]
EEOC concludes that a supervisor's order
that a morbidly obese employee lose weight constituted “blatant and unjustified
disparate treatment” in violation of Sec. 501 of the Rehabilitation Act
of 1973. Kellus v. Runyon, #01933281, 18 (5) M&PDLR (ABA) 529 (EEOC
1994). {N/R}
Federal appeals court affirms $100,000 verdict
awarded applicant who was rejected for being overweight. Cook v. R.I. Dept.
of Mental Health, 10 F.3d 17 (1st Cir. 1993). [1994 FP 42]
Federal court upholds DC human rights suit
by an ex-employee who claimed she was terminated in violation of the D.C.
Human Rights Act, which prohibits employment discrimination because of
"personal appearance." Underwood v. Archer M.S.I., 65 FEP Cases
(BNA) 791 (D.D.C. 1994).
Law article published: "Grooming and
weight standards for law enforcement: the legal issues," 63 (7) FBI
Law Enf. Bull. 27-32 (Jul. 1994); online at www.fbi.gov/
California Supreme Court recognizes obesity
as a handicap only when the condition is caused by a "physiological
disorder affecting one or more bodily systems." Cassista v. Community
Foods, Inc., 2 AD Cases (BNA) 1188 (Cal. 1993). [1993 FP 169-70]
Federal appeals court enforces fire department's
weight standard; no evidence that disciplinary action was motivated by
the plaintiff's race. Armstrong v. City of Dallas, 62 FEP Cases (BNA) 852,
997 F.2d 62 (5th Cir. 1993). [1993 FP 153-4]
Morbid obesity is a federally protected "disability',
defined as twice one's normal weight. Plaintiff was 5'2" and weighed
320 lbs. Cook v. R.I. Dept. Mental Health, #93-1093, 10 F.3d 1476, 2 AD
Cases (BNA) 1476 (1st Cir. 1993). [1993 FP 154]
Obesity is not a handicap in Pennsylvania.
City could reject an overweight applicant without proof of job-relevance
to height/weight standards. Civil Serv. Cmsn. v. Penn. Human Rltns. Cmsn.,
591 A.2d 281 (Pa. 1991). [1992 FP 24-5]
Federal court rejects challenge to termination
brought by "excessively obese" police captain. Johnson v. City
of Tarpon Springs, 758 F.Supp. 1473 (M.D. Fla. 1991). [1992 FP 75]
Obesity is not a handicap in Pennsylvania.
City could reject an overweight applicant without proof of job-relevance
to height/weight standards. Civil Serv. Cmsn. v. Penn. Human Rltns. Cmsn.,
591 A.2d 281 (Pa. 1991). [1992 FP 24-5]
New Jersey appellate court finds that employee
was unlawfully discharged for obesity.; he was 5'8" and weighed 272
lbs. N.J. Statute [10:5-5q] includes any "psychological or developmental
disability." Gimello v. Agency R-A-C, 2 AD Cases 1215 (N.J.A.D. 1991).
Appellate court upholds discipline against
overweight LAFD ambulance driver; city need not prove his excess weight
actually impaired his efficiency. McMillen v. Civil Serv. Cmsn., 8 Cal.Rptr.2d
548 (1992). See also: United Paramedics of L.A. v. City of Los Angeles,
#89-1182-R (C.D. Cal. 1989). [1989 FP 88]
Disciplinary action against overweight police
officer upheld by Missouri appellate court. Gray v. City of Florissant,
588 S.W.2d 722 (Mo.App. 1979).
Applicant, rejected for obesity, was entitled
to relief under the Federal Rehab. Act as a "handicapped individual."
Cook v. St. of R.I., 783 F.Supp. 1569, 58 FEP Cases (BNA) 1633 (D.R.I.
1992). [1992 FP 120-1]
Appellate court sustains progressive discipline
against female LAFD paramedic who gained 100 pounds in seven years. Hegwer
v. L.A. Bd. of Civil Serv. Cmsnrs., 7 Cal.Rptr.2d 389 (App. 1992). [1992
FP 170]
Alabama appellate court upholds termination
of 225 lb. firefighter for being consistently overweight. Smith v. Folmar,
534 So.2d 309 (Ala. Civ. App. 1988). [1992 FP 119-120]
North Dakota supreme court finds that obesity
alone is not a protected handicap; recognizes retaliatory discharge action
in workers" comp cases. Krein v. Marian Manor Nursing Home, 415 N.W.2d
793 (N.D. 1987).
City power lineman demonstrated disability;
opinion of supervisors that inability was due to obesity rather than injury
did not defeat claim. Knapp v. Missouri Local Gov. Employees Retir. Sys.,
738 S.W.2d 903 (Mo.App. 1987).
City could refuse to hire police applicant,
a weight lifter, who was "overweight" on health charts. Brletic
v. Munic. of Monroeville, 440 A.2d 686 (Pa. Cmwlth. 1980).
Overweight a valid cause for suspension.
Town of Orange and Int'l Brotherhood of Police Officers, L-349 Case #7374-A-92,
Conn. Bd. of Med. & Arb. (1974); City of Sharon v. Rose of Sharon Lodge
#3, 11 Pa.Commw. 277, 315 A.2d 355, 1973 Pa. Commw. Lexis 478 (Pa. Cmwlth.
1973). {N/R}
Oregon court rejects overweight police officers"
claims for protection under handicap laws. Unsightly fat need not be related
health concerns, but are justified by dept's appearance standards. Beck
v. State Dept. of State Police, Case #A8603-01816, Multnomah Co. Cir. Ct.,
Ore. (11/16/86).