|
|
Another McLawsuit.
A federal judge has refused to dismiss a lawsuit
against McDonald's, filed by a New Haven, Connecticut man who claims he
was not hired because he is overweight.
Joseph Connor had filed the lawsuit last year
against the fast food chain, claiming that it discriminated against him,
in violation of the Americans with Disabilities Act and the Connecticut
Fair Employment Practices Act.
Connor, who weighs in at a not so svelte 420 pounds, claims that McDonald's violated the
laws when it regarded him as morbidly obese and refused to hire him based
on that perception.
Further, he alleges that his obesity is a disability, and the restaurant
chain violated the CFEPA by deliberately not hiring him.
U.S. District Judge Stefan R. Underhill concluded that Connor must be
given the opportunity to prove that he is protected under the law.
McDonald's had argued that obesity, except in special cases where the
obesity is due to a physiological disorder, is not a "physical impairment"
within the meaning of the ADA.
"The judge' decision is a very important one," Attorney Gary Phelan, who
is representing Connor, said Wednesday. "This is the first time a
Connecticut court is saying that obesity may be a disability under state
discrimination law."
Attorney Lawrence Peikes, who is representing McDonald's Corp., said the
judges decision was not on the merits of the case.
"It in no way indicates how the judge views the case factually," Peikes
said. "McDonald's is confident there is no merit to the claims and looks
forward to having the matter resolved."
Source: AP, "Fat Man Sues McDonald's Over Non-Hire,"
April 17, 2003.
Return to Return to
Laughable Lawsuits page.
Or check out our Stupid Lawsuit Collection
by clicking here.
Power of Attorneys Home Page.
|
|
