Can a person be fired for being overweight when there is a medical reason for it?

Question

My husband works as a forklift driver and is being threatened with reassignment to a different job, which he cannot physically do, due to his weight. His weight is due to a thyroid condition, and although his thyroid is medically controlled he has weighed between 375 and 400 for the last 20 years. He has been at the same company for the last 15 years, and his weight has not changed 20 pounds one way or the other in that time. Any information would be appreciated!

Answer 1

If he is overweight for a medical reason, they are not allowed to force him to do any job he cannot physically do, or just is not comfortable with.

They cannot really fire him either, it'd be considered a sort of prejudice. Which, they could be sued for!

Answer 2

He could be laid off if his weight and medical condition affect his ability to do his work.  There is a fine line between simply reassigning him or laying him off.

Presumably the employer is aware of his medical condition.  If they aren't a doctor's statement should be furnished immediately.

There is a significant difference between being fired and being laid off.  Firing is for cause and seriously affects eligibility for unemployment compensation.  A layoff is for any of several reasons and leaves the employee eligible for unemployment benefits if he is eligible and available to work.

Who is making the threat and exactly what are they threatening?  Have they initiated any letters of reprimand or other correspondence in connection with this?

Your husband should know his rights in this or any other workplace situation.  It would not be a bad idea to consult an attorney.

Answer 3

No. As amandaa! says... they only can because of weight restrictions which only come with very few jobs.

Answer 4

I'm sorry, but the thyroid problem is false issue. It's just not scientifically substantiated. Bariatric surgery is no panacea, but at 375 pounds, I'd look into it. A good center will have an active counseling team offering other weight reduction options. Hopefully your husband's employers would be supportive.

Certain positions require weight restriction. Firefighter is one, although not all departments enforce rules or guidelines.

Answer 5

i'm pretty sure that he can't. unless certain weight limits come with the job.

if he is, sue the company!