Ida Davidson, a Massachusetts woman, is outraged after a doctor turned her away because of her weight. Davidson, of Shrewsbury, Massachusetts, claims that Dr. Helen Carter, a primary care physician at the UMass Memorial Medical Center in Worchester, refused to treat her because she is clinically obese. Davidson claims the center has adopted a policy after several of her employees were injured while helping overweight patients. It remains unclear what type of injuries her employees suffered as Dr. Helen Carter could not be reached for comment. Full article.
In a society that is obsessed with looks and image, it may feel very isolating to be overweight. Topics of gym work outs and latest diets are discussed around almost every office water cooler. If an employer discriminates against an overweight employee because of his weight, it remains questionable whether the overweight employee is protected under the Americans with Disabilities Act (“ADA”). ADA provides that employers covered by the statute may not discriminate against a qualified individual with a disability with respect to employment matters. However, it remains unclear whether obesity is covered by the ADA. The ADA states that morbid obesity, which is defined as weighing more than 100 percent over the norm, is considered a disability if it substantially limits, has limited, or is viewed as substantially limiting a major life activity. As far as those who are not morbidly obese, courts are reluctant to extend ADA protection to these individuals. For more information: http://www.ada.gov/
Leeds Brown Law, P.C. practices in matters of employment discrimination throughout Long Island and the New York City area. For more information, contact Leeds Brown Law, P.C. at 1-800-585-4658 for a free consultation.