A 400 pound man, Elias A. Diaz-55 years old, is a felon who spent eight months in jail, and is now claiming that he was given one set of street clothes and that the city did not accommodate for his weight. He alleges that the city did not find him clothes that fit, and is now suing the city for $1 million dollars in a federal lawsuit, for which $500,000 is sought for psychiatric treatment. The lawsuit states that the Correction Department made him do his jail sentence in the same clothes he was arrested in, his T-shirt and sweatpants. Diaz is also claiming that he was humiliated by the experience and will need therapy to overcome the trauma. The Correction Department has declined to comment on the lawsuit. Read more: HERE
Obesity is now a major concern for all Americans and weight based discrimination is quickly becoming a topic of controversy. While weight discrimination is not protected under New York law, there are few legal recourses for people who have suffered weight discrimination. Aggrieved parties can look to the Rehabilitation Act of 1973 (RA) and the Americans with Disabilities Act of 1990 (ADA). Claims that are filed under these Acts are related to weight-based discrimination in employment settings. However, only a few cases have been successful. Additionally, the fact as to whether obesity is considered a “disability” under the ADA is questionable. Currently, Michigan is the only state that has weight discrimination law on record.
The law firm of Leeds Morelli & Brown, P.C. represents individuals facing discrimination throughout Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island. For more information, contact an attorney at the Leeds Brown Law, P.C. law firm for a free consultation at 1-800-585-4658. Leeds Brown Law, P.C.’s website is located at www.lmblaw.com.