The Equal Opportunity Employment Commission (EEOC) has filed a claim under the amendments to the Americans with Disabilities Act against a company that allegedly discharged a morbidly obese man. EEOC v. BAE Sys., Inc., No. 11-03497 (S.D. Tex., filed September 27, 2011). According to the EEOC, “at the time of his discharge, [Ronald] Kratz was qualified to perform the essential function of his job as a material handler II. BAE refused to engage in any discussion with him to determine whether reasonable accommodations were possible that would have allowed him to continue to perform the essential function of his job … The suit asserts that BAE replaced Kratz with someone who was not morbidly obese.” News sources have reported that Kratz, who weighed 450 pounds when the military vehicle manufacturer hired him, gained 200 pounds over the 16 years he was employed. He claims that his weight never interfered with his job…
Tag Archives ADA
According to news sources, a man who weighs nearly 300 pounds has filed an Americans with Disabilities Act lawsuit against White Castle in a federal court in New York, claiming that the stationary booth seating in a Nanuet restaurant is made for smaller people and that he hurt a knee trying to wedge into one in 2009. When he complained in writing, he purportedly received three “very condescending letters,” with offers for free hamburgers, although added cheese would have cost extra. He has since used take-out to purchase his food from White Castle or asked his wife to go into the facility to pick up his meals, while waiting almost three years for promised renovations that would have enlarged the seating spaces. Stockbroker and plaintiff Martin Kessman reportedly said, “I just want to sit down like a normal person.” See New York Post, September 11, 2011; The Wall Street Journal,…
Leaders of Edgewater Elementary School in Edgewater, Florida, are reportedly planning to meet with parents disgruntled over the school’s accommodation of a 6-year-old girl with severe peanut allergies. Noting that the girl’s allergies are life-threatening and considered a disability under the Americans with Disabilities Act, Volusia County School District spokesperson Nancy Wait said the meeting will help dispel inaccurate rumors that other students’ mouths were being wiped with disinfectant to protect the first-grader’s health. Wait said the girl’s fellow classmates are required to wash their hands before entering the classroom in the morning and after lunch, and rinse their mouths. A peanut-sniffing dog has also apparently visited the school. In answer to some parents’ suggestion that the girl be removed from the classroom and homeschooled, Wait said that was not an option because it violated the federal law. See MSNBC.com, March 22, 2011.
