Feds sue company for firing 600-pound worker

[peejay 327]

Feds sue company for firing 600-pound worker

By L.M. SIXEL, HOUSTON CHRONICLE

Updated 12:29 a.m., Wednesday, September 28, 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."

Kratz, who weighs more than 600 pounds, asked if he could transfer to another position but he was told he could not, according to the lawsuit. Nor did BAE officials discuss whether he needed what's known as a "reasonable accommodation" under the Americans with Disabilities Act so he could better perform his essential job duties.

The lawsuit alleges that Kratz was able to perform the essential functions of his inventory management job.

BAE contended Kratz had difficulty walking from the parking lot to the plant, from which it concluded he had trouble walking around the facility, said Kathy Boutchee, the EEOC lawyer in charge of the case.

The company also told EEOC investigators that Kratz, now 42, had difficulty bending, stooping and kneeling.

But like his coworkers, Kratz sorted parts on a raised platform, so he didn't have to stoop, Boutchee said.

Kratz's job also required him to drive a forklift, said Boutchee. His supervisor instructed him to use the seatbelt but it didn't fit. He asked for a belt extender, she said, but never got one and was told to keep driving the forklift anyway.

The suit says Kratz received "very good" ratings in his 2008 and 2009 performance evaluations.

BAE replaced Kratz with an employee who was not obese, according to the EEOC.

http://www.chron.com/business/article/Feds-sue-company-for-firing-600-pound-worker-2191655.php

[Obama 2012 1,714]

unless he can prove that he's not fat by choice, then there is no issue of discrimination or ADA violations here.

[luckytxn 2,265]

The company needs to look at moving its facilities to China. Very little obesity there and if one does show up they are not forced to employ them. No problem of lawsuits.

[The_Dude 1,142]

The company needs to look at moving its facilities to China. Very little obesity there and if one does show up they are not forced to employ them. No problem of lawsuits.

Are you a communist? Shipping more jobs to China is not a good idea. /facepalm

This seems absurd. The man could not do his job, yet expects to keep his job? I'm sure his condition is a combination of his poor life choices and medical, but at what point do you not notice that something is wrong? Seriously, did he not think that there would be problems at 400 pounds? At 500 pounds?

[peejay 327]

Are you a communist? Shipping more jobs to China is not a good idea. /facepalm

This seems absurd. The man could not do his job, yet expects to keep his job? I'm sure his condition is a combination of his poor life choices and medical, but at what point do you not notice that something is wrong? Seriously, did he not think that there would be problems at 400 pounds? At 500 pounds?

And it seems that the administration is grasping for more devotees to put inside their "Big Tent" to exploit. Another "minority" that is being discriminated against that the Dems take under their wings and protect for their own political mileage. Farfetched? Growing up in Texas I never thought illegal aliens would ever become a protected class that any political party would dare embrace and nurture, but never underestimate sleazy politics and sleazy politicians.

[Bad_Daddy 2,209]

The company needs to look at moving its facilities to China. Very little obesity there and if one does show up they are not forced to employ them. No problem of lawsuits.

The Feds are killing off businesses here.

[Pooky 3,830]

Feds sue company for firing 600-pound worker

Out of what???

BAE don't make anything big enough.

Edited September 29, 2011 by Pooky

[Amby 490]

It is considered a disability if a person is morbidly obese http://www.eeoc.gov/policy/docs/902cm.html

[The_Dude 1,142]

It is considered a disability if a person is morbidly obese http://www.eeoc.gov/policy/docs/902cm.html

So the choice to eat 20 cupcakes a day after your third breakfast would make you a protected class? I can understand for someone who has a medical condition that left that way, but I find it disconcerting that someone who through their own actions made themselves that way.

[Bad_Daddy 2,209]

So the choice to eat 20 cupcakes a day after your third breakfast would make you a protected class? I can understand for someone who has a medical condition that left that way, but I find it disconcerting that someone who through their own actions made themselves that way.

[Glyn and Kathy 288]

Being morbidly obese is a disability??? Why am I not surprised....

[Amby 490]

So the choice to eat 20 cupcakes a day after your third breakfast would make you a protected class? I can understand for someone who has a medical condition that left that way, but I find it disconcerting that someone who through their own actions made themselves that way.

I think this just changed and became classified as a disability in January 2011.

Edited September 29, 2011 by Amby

[Fandango 1,440]

Agree fully w everything Rob said. It's ridiculous.

[DaveE 178]

The problem for BAE is that they gave him very good performance ratings for 2008 and 2009, (the year of his termination). How is he not doing his job if he is rated "very good". Additionally any HR person that actually stated they fired him for being fat is incompetant. Fired for poor performance/downsizing etc is acceptable, but to say you fired him for being fat is setting yourself up for a problem.