Recent Lawsuits about Fat Discrimination
Greene v. Seminole Electric Cooprtative, Inc. 701 So.2d 646 (Fla. 1997)
(According to Elizabeth Kristen, a law student at UC Berkeley: Plaintiff was allowed to sue under a hostile work environment claim under the ADA and the Rehabilitation Act because he was harassed and ridiculed about his weight.)
Board of Trustees of University of Alabama v. Garrett (US Supreme Court)
This case and several others that have resently been decided by the US Supreme Court have dramatically weakened the Americans with Disabilities Act (ADA) and, though not about "fat" issues, do impact the ability to effectively use the ADA for all people.
Cook v. Rhode Island Department of Mental Health, Retardation, and Hospitals
Cook won. (See case description below)) 10 F.3d 17 (1st Cir 1993)
EEOC v Texas Bus Lines 923 F. Supp 965 (S.D. Tex. 1996)
California's Fair Employment and Housing Act (FEHA) has been amended by California's new law AB 2222 and this should alter results in cases like Toni Cassista's. (Which is an important, negative, CA state Supreme Court case.) As far as I know, Gimello v Agency Rent-a-Ca Systems decision stands!
People V. Corrigan
Not a big case in that it did not go to a high court and was not appealed, but very big conceptually becasue the weight of a child was intimately tied in with charges of felony child endangerment agaisnt the mother. The fact that the state was criminally prosecuting a parent in relation to the weight of a child is significant.
US v Santiago-Martinez 58 F.3d 422 (1995)
Court of Appeals held that the equal protection analysis cannot be used to prohibit the use of peremptory challenges against jurors based fat.
McDermott v. Xerox Corp
Xerox Corporation refused to hire Catherine McDermott because of her weight. Court of Appeals upheld earlier ruling that she was discriminated against on the basis of a disability unrelated to her employment in violation of the New York Human Rights Law. Xerox was ordered to offer her a position of systems consultant, with back pay. 1985
English v. Philadelphia Electric Company
After passing numerous pre-employment tests, Joyce English was found unfit for employment by a company doctor who administered a pre-employment medical exam. The Pennsylvania Human Relations Commission found that morbid obesity was a handicap or disability within the meaning of the Pennsylvania Human Relations Act. PECO ordered to pay $20,000 and offer English the next available position comparable to that for which she originally applied. English was represented by Benjamin G. Lipman of the Pennsylvania Human Relations Commission. PECO was represented by John F. Smith III and Leonard Cook of Dilworth, Paxson, Kalish, Levy and Kaufman. 1981
Pan American World Airways
agreed to pay $2.35 million to 116 female flight attendants who were disciplined, denied promotion, forced to resign, or fired for being "overweight". Class action suit filed in 1984. Basis of suit was that weight restriction policy constituted sex discrimination, and therefore violated the U.S. Civil Rights Act. Suit won in 1987, Pan Am appealed. Settlement included agreement that Pan Am would drop appeal, pay union's legal fees, and institute a new weight policy. Court approval of settlement pending. 1989
Russell v. Salve Regina College
In her junior year of nursing school, Sharon Russell was forced to sign an agreement to lose two pounds per week for the balanced of the school year. When she did not comply, she was expelled. Of the original eight counts, five were dismissed during pretrial, and two others during the trial phase. While the award was based on a count of breach of contract, case went far in drawing attention to the issue of size discrimination in education. Salve Regina appealed, appellate court ruled in Russell's favor. Salve Regina appealed to U.S. Supreme Court; appeal based on the standard of review appellate court used. Supreme Court ruled in Salve Regina's favor in fall, 1990 term. Case reheard in lower court; lower court ruled in favor of Russell. Russell was represented by Edward T. Hogan. 1991
United Paramedics of Los Angeles v. Los Angeles Fire Department
Union is challenging the department's strict weight-loss policy, which places fat employee's in the department's "Tub Club" and orders them to lose weight. Chief U.S. District Court judge Manual L. Real refused to issue temporary restraining order, saying that the Constitution provided no special protection for the rights of fat people. 1989
Hansen v. North Dakota Highway Patrol
State Personnel Board ruled in favor of Melvin Hansen, who had been fired because his weight allegedly reflected a lack of self-control, caused offensive body odor, and because he failed to wear the regulation uniform. Hansen returned to his job and was awarded back pay without loss of benefits or seniority. 1989
Gimello v. Agency Rent-A-Car, Inc.
After receiving acclaim from the company for his job performance, Gimello was fired after an in-person interview with top management in 1983. Suit filed for unlawful discrimination on the basis of handicap in violation of the New Jersey Law Against Discrimination. Gimello was awarded back pay, an award for pain and suffering, incidental compensatory damages and attorney fees. Judge's decision referred to the Director of the New Jersey Division on Civil Rights for a final ruling. A New Jersey appellate division panel affirmed a decision by the state's Division on Civil Rights in favor of Gimello. The decision may be appealed to the state Supreme Court. 1991
Christy v. Bath Township
Christy, who was fired from his $8 per hour position as a volunteer firefighter. The complaint is based on the Elliott-Larsen Civil Rights Act and the Michigan Handicappers Civil Rights Act. The township is seeking an out- of-court settlement. 1989
Cook v. Rhode Island Department of Mental Health, Retardation, and Hospitals
Cook had worked for the Rhode Island Department of Mental Health, Retardation and Hospitals until 1986, when she resigned for personal reasons. When she reapplied for a similar position in 1988, she was denied employment, and told her application would be reconsidered if her weight got down to 299 pounds. Cook's attorneys argued that the Department's decision not to hire Cook violated state and federal laws prohibiting discrimination against the handicapped. A federal jury ruled in favor of Cook, and U.S. District Court Judge Ernest C. Torres upheld the jury's $100,000 award and ordered the state to give Cook the next available job and to award her seniority retroactive to 1988. State appealed; case is being heard in the First Circuit Court of Appeal. EEOC has filed an amicus brief stating that "voluntary morbid obesity" is covered under the Americans with Disabilities Act. Cook is represented by ACLU cooperating attorney Lynette Labinger. 1993.
American Airlines
A Federal judge approved an agreement that relaxes weight restrictions for flight attendants on American Airlines. This agreement settles suits filed by the Equal Employment Opportunity Commission and the Association of Professional Flight Attendants, which maintained that the weight restrictions discriminated on the basis of age and sex. While the old restrictions called for a 5-foot 5-inch woman to weigh 129 pounds or less, the new rules dictate a 133 pound weight limit for a 20-24 year old woman, and a 145 pound weight limit for a 40-44 year old woman. 1991
Mercado v. The Los Angeles Times
After four years of employment as a security guard, Jesse Mercado was fired from the Los Angeles Times. At 5'7", 327 pounds, the Times perceived Mercado as unable to adequately perform his duties. In his four years of employment, Mercado had proven himself an exemplary employee whose work was repeatedly and consistently commended by his supervisors. Judge ruled that obesity was a handicap under California's Fair Employment and Housing Act. The jury found in Mercado's favor and awarded him $431,058 in damages and attorneys fees. The Times rehired Mercado shortly before the trial in an effort to limit damages. The firm representing Mercado, Greenberg & Simon, will refile for punitive damages. 1991
Cassista v. Community Foods
In the fall of 1987, Toni Cassista applied for a job with Community Foods, a Santa Cruz, California health food store. Cassista went through the screening process, and though not hired, was told that she was the next in line for a position. When she saw another job advertised a month later, she called the personnel director to let the company know she was still interest in working for them. At that time, she was told that they thought she could not physically handle the work because of her weight. The jury in the Santa Cruz Superior Court trial ruled in favor of Community Foods. In July of 1992, the 6th District Court of Appeal ruled that the verdict may have been tainted due to the erroneous instructions from the judge, and that the burden of proving they had a legitimate motive for not hiring Cassista fell on Community Foods. The California Supreme Court heard arguments on this case in June, 1993 regarding whether the burden of proof of discrimination should shift from the plaintiff to the defendant, and ruled in favor of Community Foods. In addition, the Court ruled that obesity is not a handicap under California's Fair Employment and Housing Act. 1993.
Green v. Greyhound
A Greyhound bus driver had June Allyson Green arrested when she refused to get off a crowded Greyhound bus. The incident occurred when a man trying to sit in the seat next to the 300 pound woman wouldn't fit. Green was charged with disorderly conduct, handcuffed, and taken to jail. The charges were later dropped, and Green has filed a $2.25 million suit against Greyhound. 1992
United Airlines
The Association of Flight Attendants filed charges with the EEOC in March, 1993 after United Airlines resumed a weight policy it had suspended during contract negotiations with flight attendants. The union said that as many as 1,600 of the carrier's 19,000 flight attendants would be forced to lose weight or face suspension or termination.
Delta Airlines
In response to complaints filed with the Equal Employment Opportunity Commission, Delta Airlines has stopped flight attendant weigh-ins, and will drop specific weight requirements at least through the fall of 1993. Although a lawyer representing the flight attendants said that job performance should be the only gauge used in evaluating employees, Delta will continue to make "subjective decisions" about flight attendants' weight as part of its appearance standards, but will not use weight tables.