Question:
Has anyone every written the DOJ concerning discrimination against the morbid obese?

If anyone has written or filed a complaint with the Dept. Of Justice about discrimination against the morbidly obese or about whether morbid obesity is ever considered as a disabiltiy by the ADA, I would request that you please share the results. I have attempted to look up as much information as I could in regard to this issue but I have found for the most part little information. Thanks for any thoughts on this matter.    — [Anonymous] (posted on April 23, 2000)

April 23, 2000
You don't say if your discrimination charge is against an employer or not. Discrimination charges are a matter of public record. I filed a charge of discrimination due to obesity against the University of Kentucky with the EEOC in March of 1997. Although I had witnesses (none of whom were contacted) memos, and tapes recordings proving my case, the EEOC dismissed my claim with what they call a "Right to Sue" after 2 and 1/2 years. Essentially, you have to prove that the person, or entity, did not discriminate against you because you had "Bluse Suede Shoes" and actually did discriminate against you because of your obesity. In other words, at any time the person could say, "I didn't promote Alicia because she's a loud mouth and I hate loud mouths. Heck yes, I refused her a promotion because of that." Makes the person look like a creep, but unfortunate, not illegal. So it's very difficult to prove. You also have to prove HOW your life is limited because of your obesity and HOW that person or entity infringed on that. It's a fine line. Retaliation should have been much easier to prove - I lost my job because I filed an EEOC complaint and could prove it. But, as the case worker at the EEOC told me, the EEOC is NOT my advocate. Their response was to issue a right to sue, meaning they think something happened but had neither the time nor the inclination to pursue it. I had 90 days to file a private lawsuit - but didn't have the money for a lawyer because I lost my job. My advice, for what it is worth: I know several people who filed with the EEOC against UK and various other places with the same results, only use the EEOC to establish that an infraction has occured and to preserve your rights until you find a lawyer - and DO find a lawyer, don't expect the EEOC to file for you or fight for you. If it's employer related expect to lose your job. I know that sounds harsh, but it's a reality. I know of 6 others that lost their jobs a year or more after filing. If I can be of any further assistance do not hesitate to e-mail me.
   — Alicia B.

April 23, 2000
I work for a public school and obesity is mentioned in the American Disabilities Act. It is not a learning disability, but may casue difficulty in learning. For example, if I have a student who is obese and it is documented, and if their education is being hindered due to their obesity, I am required to write a 504 Plan for them. Under this plan, I may have to ensure that I provide a desk that fits them, or I may have to alter some requirements in a particular class. One may be PE. Instead of running a mile around the track, they may be required to walk around the track. This 504 Plan follows them to their work or college if medical documentation is up to date.
   — [Anonymous]