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Message
Texas supreme court to decide if obesity is covered under ADA
Posted on 2/9/23 at 11:09 am
Posted on 2/9/23 at 11:09 am
LINK
From the brief:
Whole bunch of fatties about to get handicapped tags!
quote:
A case pending before the Texas Supreme Court could make the Lone Star State the latest to guarantee discrimination protections for workers who are obese under state and federal disability law, giving the justices the chance to weigh in on an increasingly relevant workplace issue.
The state’s top court will hear oral arguments Feb. 21 in a case where first-year medical resident Lindsey Niehay is alleging she was illegally fired from Texas Tech University Health Sciences Center because of her obesity, a category she said is covered as a disability under state law
quote:
According to the suit, Niehay was fired in 2016 after her supervisors questioned her ability to perform physically challenging procedures following an incident in which she was sweating profusely and had to take breaks while working on a patient at Texas Tech’s Department of Emergency Medicine.
Niehay is arguing that her obesity is a medical condition that should be considered a disability under the Texas Commission on Human Rights Act. The Texas Court of Appeals, Eighth District, agreed, saying in its February 2022 opinion that obesity, even without an underlying medical cause, falls under the definition of a disability in the TCHRA, which is a mental or physical impairment that limits at least one major life activity.
From the brief:
quote:
In her deposition, Dr. Niehay testified that she weighed approximately 400 pounds during the residency program in 2015-2016, and that she had a BMI above 40.
Whole bunch of fatties about to get handicapped tags!
48
Posted on 2/9/23 at 11:10 am to Ingeniero
Terrible precedent if it goes through.
Reminds me of that South Park episode where all the fatties are on motorized scooters
Reminds me of that South Park episode where all the fatties are on motorized scooters
Posted on 2/9/23 at 11:10 am to Ingeniero
Jesus, health insurance is about to go through the fricking roof if that happens.
This post was edited on 2/9/23 at 11:11 am
Posted on 2/9/23 at 11:12 am to Ingeniero
Obesity is not a frickin disability. That’s insulting to those with real disabilities.
Posted on 2/9/23 at 11:13 am to Ingeniero
If she is having to take multiple breaks to work on one patient during residency, I don’t see how well that goes either in a delicate surgery or working in an ER which is packed to the gills.
Posted on 2/9/23 at 11:13 am to Ingeniero
quote:
medical resident
quote:
weighed approximately 400 pounds
unfrickingbelievable. If a doctor weighed 400 pounds and attempted to tell me literally ANYTHING about my health I'd demand to see someone else immediatley.
Posted on 2/9/23 at 11:15 am to Ingeniero
Posted on 2/9/23 at 11:15 am to Ingeniero
Hell yeah! Now I can get the good seats and don’t have to use the stairs to get more nachos
Posted on 2/9/23 at 11:16 am to Ingeniero
I'm obviously not a lawyer but how can you retroactively sue even if this goes through? The hospital went through the firing process before it makes it to court for ADA.
Also, if you can't perform a job, you can't perform a job.
Also, if you can't perform a job, you can't perform a job.
Posted on 2/9/23 at 11:16 am to Ingeniero
quote:
an incident in which she was sweating profusely and had to take breaks while working on a patient at Texas Tech’s Department of Emergency Medicine
So she was unable to perform the tasks of her occupation and was terminated. What reasonable accommodations would one give an emergency care physician that could not perform emergency care without frequent breaks?
Posted on 2/9/23 at 11:17 am to Ingeniero
That's all good and well but she shouldn't be a doctor if she can't perform a medical procedure without taking breaks. That's putting the patient at risk (if it's surgery, which I am assuming it is).
They fired her because she can't do her job properly, not cause she's fat.
They fired her because she can't do her job properly, not cause she's fat.
Posted on 2/9/23 at 11:19 am to Ingeniero
Junkies addicted to meth on deck for disabilities if this fatty gets a favorable ruling. No personal responsibility anymore.
Posted on 2/9/23 at 11:19 am to AwesomeSauce
quote:
What reasonable accommodations would one give an emergency care physician that could not perform emergency care without frequent breaks?
yes, given the uniqueness of the occupation and how important the position is, this seems like a great opportunity for Texas SCOTUS to punt on the "disability" question and skip right to the reasonable accommodation. But that's just kicking the can down the road.
Posted on 2/9/23 at 11:19 am to Ingeniero
If perp out runs fat cop…
If QB is too heavy to escape a sack…
If nurse is too obese to perform cpr…
Is the go to move to fire them?
If QB is too heavy to escape a sack…
If nurse is too obese to perform cpr…
Is the go to move to fire them?
Posted on 2/9/23 at 11:20 am to Ingeniero
Bronc, whatlittleiknowsofar, and Damone gonna be here soon to make their case on why fatties deserve free shite.
Posted on 2/9/23 at 11:22 am to Ingeniero
Now all the fatties can cut the line and add their wheelchair rentals at Disney to their insurance. What a great day!
Posted on 2/9/23 at 11:23 am to Ingeniero
I wish they wouldn’t use the o word anymore it’s literally a slur for people of size
Posted on 2/9/23 at 11:24 am to Klark Kent
quote:
Bronc, whatlittleiknowsofar, and Damone gonna be here soon to make their case on why fatties deserve free shite.
He's waiting for Ep 5 of The Last of Us where they might show a fat person eating a steak for the first time in 10 years and falling in love again.
This post was edited on 2/9/23 at 11:25 am
Posted on 2/9/23 at 11:27 am to Hu_Flung_Pu
When y’all use the f word on here I feel like Rosa parks being forced to sit on the back of the bus
Maybe for once y’all should stop being bigoted towards someone that doesn’t look like you
Maybe for once y’all should stop being bigoted towards someone that doesn’t look like you
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