Feds sue company for firing 600-pound worker

[n2doc]

By L.M. SIXEL, HOUSTON CHRONICLE
Updated 10:57 p.m., Tuesday, September 27, 2011



BAE Systems violated federal disability laws by firing a morbidly obese employee at its plant in Sealy, the Equal Employment Opportunity Commission alleged in a lawsuit Tuesday.

The agency alleges that the Virginia-based military vehicle manufacturing firm fired Ronald Kratz II, a materials handler who had been working at the plant since 1994.

On Oct. 28, 2009, he was told that "the company had reached the conclusion that he could no longer perform his job duties because of his weight and he was therefore terminated," according to the lawsuit in Houston federal court.

BAE said in a written statement that it is reviewing the allegations and "will respond at the appropriate time and manner."


Read more: http://www.seattlepi.com/business/article/Feds-sue-company-for-firing-600-pound-worker-2192233.php

[dmallind]

1. It all depends on whether he can do the job or not

If it's just a matter of simple accommodation like stronger ladders or a bigger chair then they have no leg to stand on. If he is physically incapable of the duties listed on the job description then he is SOL. I can't guess as to which it is. Depends on materials and manner of handling. If he's a forklift driver he should be fine. If he's a manual order picker up and down shelves/ladders/climbing/stooping/toting boxes he may not (or may) be capable.

[Ruby the Liberal]

2. Link isn't working.

I would like to know what his job duties were.

Did they require him to do physical work that he could not complete - or was his weight causing him to call out sick more than st disability allows for? Was he missing too much work because he couldn't physically GET to work? Did the company do anything through an EAP type of program to get him medical assistance for this, and if they did, did he take them up on it or blow them off?

Too many questions on this one.

[n2doc]

4. should be working now n/t

[Ruby the Liberal]

12. Yep - thanks.

Didn't say anything about the company offering him assistance with the issue of his weight. There has to be more than this - it was 2 years ago and just now a suit?

[joeybee12]

22. Two years is usually the statute of limitations to file a suit...

There were probably letters between laywers for those 2 years demanding, counter-demanding, etc., and the attorney for this guy relaized to get anything they'd have to sue.

[AngryAmish]

3. At six spins it is pretty hard to do anything physical

Hell, at three balloons you can't move much (unless you are a young Shaq).

[dembotoz]

5. is this about gov christie?????

gonna start early

[Quantess]

6. 600 pounds?!

Yikes.

[Marrah_G]

7. I'm amazed he can move at all at that wieght.

Imagine walking around carrying 400 pounds on your back. I am 100 pounds overweight and that alone make life very difficult.

[Cali_Democrat]

8. I don't understand how people can get up to 600 pounds

At one point, don't you realize you're eating too much? I've seen people on TV that eat until they're bed ridden. How in the world does that happen?

[Riftaxe]

9. Maybe he is 6' 36" tall?

:)

[RebelOne]

10. He would have to be 8 feet tall to carry that weight. n/t

[ProdigalJunkMail]

20. at six feet thirty six inches he would be nine feet...so I think that was the point n/t

[hifiguy]

11. That makes me scratch my head as well

I mean, it isn't like you wake up one morning weighing 600 lbs. Somewhere along the line don't people in this situation look at themselves and say "hey, something is getting out of control here, maybe I'd better get to a doctor and do something about it"? :shrug:

[Ikonoklast]

25. Actually, you *do* wake up one morning weighing 600 lbs.

If you are lucky, that is...you get to wake up.

I kinda feel sorry for this guy, he needs medical counseling and just isn't getting it.

[DearHeart]

16. That happens because being overweight/obese and yes super-obese

is not all about the eating. That is the "drug" of choice. There are many psychological isssues at play, along with the eating. I'm not super obese, but I am obese and along with the psychological factors and the overeating, there can be physical problems that happened before their weight gain, making it extremely painful and/or impossible to exercise. Also, there is the stigma of being overweight in this country; look at the comments that are being made about Gov. Christie. When people laugh at you when you are out in public, they stare at you when you go to a health club to try and lose weight, they make rude comments or jokes, even on a forum like DU; it is inevitable that shame, embarrassment and depression will make the obese and super-obese more reclusive and even less likely to do something about their weight problem. Unfortunately, most people don't care how or why this happens...and since most people who aren't obese can't understand it and/or won't try to understand it, we will continue to be the last group of people that can be made fun of without any repercussions. That behavior wouldn't fly if it was about mentally-challenged persons or persons who are LGBT. :rant: :hi:

[hifiguy]

18. Yes, but

I have struggled with clinical depression on and off for ten years. On more than one occasion while in the depths of a "major depressive episode" I have managed to get myself up and go to a doctor for some medications and therapy because I realized that I was in an unhealthy situation and that something had to be done, and NOW. And this was after a few weeks or a couple of months of knowing I needed help, not after watching myself slowly deteriorate for years.

I had a MDE over this summer and a dear old friend kicked me in the ass, hard, and that motivated me to get to an MD and get back on my meds (lost two years ago when the Repuke Gov kicked everyone who had a job, no matter how poorly-paid, off Minnesota Care). And I am very glad I did. I am approaching my "normal" self now after doing so.

[ProdigalJunkMail]

13. only 380 pounds to go... i know i can make it...

me and Homer Simpson...we be mates.

sP

[Nuclear Unicorn]

17. When you say "to go" that implies you had a starting point.

May I ask how much you've been able work for?

[ProdigalJunkMail]

19. how much I've been able to work for?

I am afraid I don't understand. You want to know my salary?

sP

[Nuclear Unicorn]

21. No. Sorry. I know folks trying to lose significant amounts of weight have to work really hard

So I was wondering how much you have worked to lose.

Sorry, for the confusion.

[ProdigalJunkMail]

26. Oh, I gotcha.

I have been hovering in the 220's range for a while though healthier would be around 180 given my height and build. I am down from 280 but have been slack for the last year or so. I am glad that I am at least stable for now...

It has been tough...but so worth it!

sP

[Nuclear Unicorn]

27. wow. that's awesome

Keep working it's worth it because the health benefits alone mean long life and a rich life for you and those that love you.

:hug:

[ProdigalJunkMail]

28. thanks for the encouragement...I DO need to get back to it! n/t

[Nuclear Unicorn]

14. Not to seem insensitive

but how does he even get to and from work?

I don't think cars could accommodate that size and even public transportation might be a challenge.

It's sad. I hope he can get help before his health suffers.

[elleng]

15. Public transportation WOULD be a challenge.

Imagine trying to enter a bus/train? Stand in the aisle? SIT???

Ditto, not to seem insensitive.

:hi:

[L0oniX]

23. BAE should have told him they were "down sizing".

[itsrobert]

24. If I chopped of my legs, my employer cannot fire me?

Self-inflicted mutilation should not be covered by disability laws.

[ProdigalJunkMail]

29. what about addictions which can cause disabilities? n/t

[Gin]

30. VA is a right to work state....they can fire you for any reason

I am 50 pounds over weight and it hinders me ...cannot imagine 600 pounds walking/working/getting to and from work..