General

I'm really pleased for her that you happened to be assigned her case.

[quote]rubyripples wrote:
If she cannot now do the job that she was employed to do, I'm not sure that she really has a leg to stand on. quote]

I am fairly sure this is the basis of the workplace discrimination laws over here, you can not be fired for any physical, sexual or other difference unless it inhibits you from doing the job properly.

Usually people just get around the law by firing you under the pretense of a different reason.

Unless she lives in MI, DC, or certain cities in CA, it is totally legal to fire her. You can try to classify her weight as a disability, and sue under ADA laws.

There really isn't much she can do, other than file for SS disability. In today's job market, unless she has some very special skills, she will lose out.

She needs a good FA hubby to support her.

No, it is not illegal to fire someone who has a medical condition. I think a bus driver or truck driver would not be allowed to keep his job if he became blind.

Rememeber that the person who started the thread did not ask people to judge the case. He asked for practical advice for his client.

Also, the laws are different in different places. I also think that people here may be too influenced by the "feedee/feeder" thing here. Most people do not gain weight on purpose, and most can not lose it on purpose.

I have also known people who have gained a lot of weight by being depressed without changing their eating habbits. Depression changes the body chemistry, and body chemistry affects metabolism.

The person who started this thread said he knows what his legal options are. basically they revolve around handicap laws, resonable accomodations, etc. The judge can rule that the employer replace the tall 4 drawer filing cabinets with lower 2 drawer filing cabinets and a chair. That seems reasonable to me.

The judge or jury should apply the law, but personal prejudices will also get in the way.

This is a difficult problem, though I think the employer is fully in his rights to have done what he did. Now, I know you said you were already aware of your legal options so I'll try to avoid that, and before people jump down my throat I do empathize with the poor woman but it is her responsibility to seek out treatment for her depression, nor is it fair that the employer completely change their filing system for the sake of a single employee as some people suggested.

Now in terms of moving forward I think the best thing to do is to look at her skill set and experience and see what professions they would apply to that don't require much physical labor or standing for long periods unless she is willing to lose some of the weight. She may even be able to find similar work as she had before albeit for a company with some kind of digital filing system or something along those lines.

In any case, I hope everything works in the best for everyone and that she finds treatment for her depression, it is a difficult thing to deal with.