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Discriminations for being overweight?

toga22

toga22

SideShow Freak
Well, I have to go to court tomorrow....

I recently terminated the employment of one of my employees....and he in turn is suing the company for discriminating against him because he is seriously overweight. Actually, it is really quite sad, since this man has let himself go for so long, he cannot even walk 100 yards without sitting down to rest and being totally winded.

This man was unable to meet the basic expectations of the job...in areas of quality and efficiency. He was given over 6 months time to improve his performance and I also provided him special training and job coaching to help him met these goals. Luckily for me these things are all well documented...

Do you feel that special considerations should be made on the job to accomodate the obese? Or do you feel that you treat those that are seriously out of shape diferently?

~toga
:angel:
 
Fuck him. People ae cut to much slack nowadays, everyone has an excuse. If his weight interfered with his job performance, he should have dealt with it. Oh wait, it was out of his control. It was his sluggish thyroid that was making him sit around and ram twinkie after twinkie down his neck.
 
I don't think accomodations should be made at the job because of his inability to fulfill the expectations because of his obesity, no.

I do not treat someone who is obese any differently than someone who is not.

I think the gentleman should have realized that his obesity was the prime reason he was not able to do his job correctly....and in turn, that resulted in his losing his job.

It is not your place, as an employer, to keep your employees at a healthy weight, is it??? I didn't think so.

Too bad that the company may have to suffer because of this mans laziness.
 
People are looking for reasons to sue now days.

As long as you have documentation you should be ok.


Should they receive special treatment?

No, but I'm sure some court somewhere will say otherwise.:(
People want to blame others for everything that goes wrong in their life, when they need to look at the person in the mirror.
 
When he filled out his application, did he fill out anything in the disability field? Did he let you know that he had a disability that would interfere with being able to perform the tasks needed for the job?

He was a fat piece of shit when you hired him. If you were discriminating against him, just for the sole fact that he was a fat piece of shit, you never would have hired him in the first place. That alone shows you don't hire against people that sit down and eat Twinkies all day.

I think you'll be just fine girl! :)
--
 
yeah fuck that guy. if you gave him an ultimatum to improve his PERFORMANCE which meant getting his ass in gear and up to par per your company's requirements to work there, then you covered your ass legally. that is just total bullshit. this happened to some co worker at my last job, where the management didn't have the balls to let go of this one guy because he had health problems, a reported back injury that prevented him from lifting anything over 15lbs(he didnt do shit in the first place), and just plain had health problems. I am all for letting go of the dross of a company. there is no need to keep the weaklings that just get by in the company, no matter how long they have been there, or how good of friends they are to everyone. bullshit. if they don't meet the requirements, perform poorly or not at all, see ya. that is malingering on his part, btw
 
This is your best bet: :chesty:

Learn how to use it first, sucks to miss and only maim someone. Then they sue for sure. Be sure to hit them at least 4 times unless you are using a high powered rifle. There are very few survivors when the bullet is successfully placed between the eyes.
 
I don't think that people should be discriminated against because they're overweight...but I don't think that standards should be lowered to accommodate them either.
 
Why can't people just take resonsibility for their actions/behaviors instead of blaming everyone else??

When I grow up, I want to be a victim......
 
I have always taken responsibility for my actions, right or wrong. I don't understand why people in general victimize themselves and not feel guilty about it. I see that shit everyfucking day. nowadays, no one has values. can't trust anyone. can't rely on anyone. people just aren't self sufficient anymore.
 
Thanks for all of the feedback everyone...if you can't tell I am very nervous about having to appear in court...:worried:

studcj...It is a 12-hour graveyard shift at a computer manufacturing facility. It required being able to be on your feet for 10 hours and being able to lift 25 pounds repeatedly. The company also does have an onsite gym and fitness experts...and will also pay 25% of a membership to a different area health club.

But in the same respect, I think I made the right decision. If I hadn't I truely would have been being unfair to all the other employees of the company.

Thanks again, everyone!!

~toga
:angel:
 
Toga, that all seems really reasonable. There are expectations when someone is hired, and if an employee is unable to meet those standards, that is not the fault of the employer. It seems logical that a person would be expected to be able to perform their job...but I think a lot of people aren't logical. :rolleyes:

What a nice benefit to have access to a gym or even a discount on a gym membership. People are lazy-- they have lots of excuses. It's easier to shift the blame than it is to take control of one's life.

Good luck
 
Test boy said:
BTW Toga...if that is your stomach I think we should place some maple syrup on it and I'll remove it with my tongue. :p
Click to expand...


LOL.....Really?!?
Only if you promise not to bite!! :chomp:

~toga
:angel:
 
dballer: lol...thanks man. I love being a big fat boy too.

My father is extremely overweight. I think that he got on a scale a coupld of months back and weighed 426. Yes, you read that right...426. It may have been more than that...but that number stuck in my head...and he HAS lost a few pounds.

He will NOT exercise even though his blood pressure is high, diabetic, high cholesterol, poor circulation, etc... Exercise hurts too much. He retired on disability last May...and it kills me. He says that he is genetically predisposed to this problem and it has nothing to do with his sitting around the 18 hours a day that he is not asleep and that he can not tell you the last time he ate a clean meal.

He also has severe back, knee, and hip problems. Kills me.

B True
 
12 hour shift and be able to lift 25lbs? MOST people can do that. I am not saying he can or not, just generalizing. I can see anything over 50-60lbs being a problem for some people. and being on yer feet for ten hours can be stressful on the lower back. I believe in safety before anything. fuck getting the job done on time if its going to risk my health. did this guy just pull this card out when he found out that he was being let go? if you have everything on paper as far as write ups, training, anything and everything to do with this situation, then I think you should be fine. its human nature to be nervous. good luck:fro:
 
toga22 said:



LOL.....Really?!?
Only if you promise not to bite!! :chomp:

~toga
:angel:
Click to expand...
I'm as serious as a heart attack. But I may need to nibble a little here and there since maple syrup is pretty sticky. :licker: :licker: :licker: :chomp: :licker: :licker: :licker:
 
so can i sue my company for discriminating against me cause im the only one in shape? i mean everyone makes fun of my dedication to health and fitness, as well as harass me about it....so can i? o o o can i ? :o :rolleyes:
 
the People's Champ said:
12 hour shift and be able to lift 25lbs? MOST people can do that. I am not saying he can or not, just generalizing. I can see anything over 50-60lbs being a problem for some people. and being on yer feet for ten hours can be stressful on the lower back. I believe in safety before anything. fuck getting the job done on time if its going to risk my health. did this guy just pull this card out when he found out that he was being let go? if you have everything on paper as far as write ups, training, anything and everything to do with this situation, then I think you should be fine. its human nature to be nervous. good luck:fro:
Click to expand...

Thanks for the feedback!!
The specific job he had, had different rotations at a different pieces of equipment throughout the night, in which you are allowed a very generous time frame to complete a task. If the task was to take 1/2 hour, for example it would take him double....or even triple this time. Thus, giving the next person triple the work to do when they arrived to the area. I have only been the Production manager of this area for the last 9 months and the PM before me...looked at his situation with very blinded eyes...I guess it was easier for him to deal with it by ignoring it.

And as far as your comments on safety go...I agree with you 100%....And for all jobs, I perform each task myself before setting any expectation....and then still usually poll the area to see if the expectation is reasonable. I worked next to this man very often to "help him along" and also to avoid being backed up...

~toga
:angel:
 
this is an interesting topic i would like to hear the views on from fellow elite members (but im off to sleep now).

i know a guy in my psych class who couldnt be older than 20 and gets winded in regular conversation.

how can a person so young let themselves get in that shape?

how much harder is it for an overweight person to hit the gym (self consciousness caused by social pressures, etc), than a thin / fit person?

i'd like to hear some comments, especially from anyone who has been there.
 
if someone has to pick up the pieces left behind from this man, then he is wasting company time, company money, and most important, your time for dealing with him. he should have been let go a long time ago. since you are still relatively new in your position, I would suggest you audit your subordinates. but that is just me. :o
 
I have seen to many people like this hang on by a thread and management seems to either ignore them because they cause problems with the company and that's just more work the management has to go through in the long run if the problem isn't rectified immediately. of course after several meetings with this individual.
 
the People's Champ said:
since you are still relatively new in your position, I would suggest you audit your subordinates. but that is just me. :o
Click to expand...

Very true...and good suggestion.....

It is company policy to allow an employee 6 months to improve performance before taking any action. So in some respects my hands are tied...I do however hand out bi-weekly perfomance reports letting all employees know how they are meeting expectations. Even though I try to get around and work with or communicate to everyone in a night, I feel that it is one way for me to let everyone know that I notice and appreciate the hard work that they are doing.

~toga
:angel:
 
toga22 said:



Haha :FRlol:

Pretty close!! Wisconsin....:(

~toga
:angel:
Click to expand...
Well it probably is quite cool in Wisconsin right now.

I have some good friends in Wisconsin, they keep trying to get me to go up to some cheeze festival or something in October.
 
She lives on the border and is an honorary Minnesotan though, thank god cuz if she was a full Cheese Head she couldn't be saved by the likes of me

Then again, I am King and able to many things so just maybe :)
 
Toga

I have been self-employed for 21 years and I have basically seen about every situation that can arise from dealing with employees. Very few times does management get the same considerations as employees. I have fired more employees for their lack of performance than I care to count. Management always has to have their ducks in a row when firing an employee. If you have everything documented, then it's a pretty much straight forward deal. Lack of proper documentations, then you are pretty much SOL! Always remember though, if just one employee slides by or gets a blind eye turned their way, then all employees want the same. If it can be proven that other employees are doing the same thing as this guy but they are getting breaks here and there, then this guy will also need to get those breaks. The old saying goes, What is good for the goose, is good for the gander can apply to that. These kind of people are pathetic but everything is in their favor. Don't even get me started with these people because I have had my fill! I wish you luck and I hope it turns out good!
 
Test boy said:
Well it probably is quite cool in Wisconsin right now.

I have some good friends in Wisconsin, they keep trying to get me to go up to some cheeze festival or something in October.
Click to expand...


Cheese Festival?!? .....lol!!

I am sure you mean Oktoberfest.....(we drink a lot of beer when we eat cheese....:D )

It is quite a blast...wouldn't miss it!!

~toga
:angel:
 
Austin316 said:
She lives on the border and is an honorary Minnesotan though, thank god cuz if she was a full Cheese Head she couldn't be saved by the likes of me

Then again, I am King and able to many things so just maybe :)
Click to expand...


Very true, Austin!!

I was a doomed Wisconsinite....until I met you....;)


~toga
:angel:
 
toga22 said:



Cheese Festival?!? .....lol!!

I am sure you mean Oktoberfest.....(we drink a lot of beer when we eat cheese....:D )

It is quite a blast...wouldn't miss it!!

~toga
:angel:
Click to expand...
I'd go for sure but I always do Fantasy Fest in Key West in late October. That is where I always see them. Terrific , fun lovin guys.

Two vacations in a month is almost work. Not to think of all the hard labor removing the syrup. :p

Let me see...Vegas in June, San Diego in August, Key West in October. I mean to go to Poland as well and a cruise would be neat.

Say...how about you visit the spectacualr state of Colorado? :p
 
Test boy said:
I'd go for sure but I always do Fantasy Fest in Key West in late October. That is where I always see them. Terrific , fun lovin guys.

Two vacations in a month is almost work. Not to think of all the hard labor removing the syrup. :p

Let me see...Vegas in June, San Diego in August, Key West in October. I mean to go to Poland as well and a cruise would be neat.

Say...how about you visit the spectacualr state of Colorado? :p
Click to expand...

Damn!! It must be rough to travel so much !! Poor guy!! :rolleyes:

Actually...My sister and her family live in Colorado...I always spend at least a week there every summer...

~toga
:angel:
 
Night Fly said:
I don't think accomodations should be made at the job because of his inability to fulfill the expectations because of his obesity, no.

I do not treat someone who is obese any differently than someone who is not.

I think the gentleman should have realized that his obesity was the prime reason he was not able to do his job correctly....and in turn, that resulted in his losing his job.

It is not your place, as an employer, to keep your employees at a healthy weight, is it??? I didn't think so.

Too bad that the company may have to suffer because of this mans laziness.
Click to expand...


I agree with you all the way, if somone cannot do thier work, then they should be fired. .. if your over weight its your own problem , so deal with it ,
 
Why Yes you should...

I believe obese people should be treated differently from a management perspective.. Remember all the management training about personality types (DISC/Mbriggs/etc)? Here is an additional personality type assesment for the Fat:

Managing the FAT ASS Personality Type effectively:

- Maintain eye contact at all times, don't look down as they think your are glaring at their blubber.. :eek2:

- Avoid eating healthy foods in front of them, either eat twinkies/cheeto's/etc or just tell them your protein shake is actually a milk shake.. Healthy eaters makes them feel insecure and therefore their work will suffer..:)

- Avoid wearing tight fitting clothes when meeting with them - wear loose baggy clothes so they believe you are getting fat, just like them!!!!

- Include Twinkie breaks as incentive for good work.. For every project and/or task they complete in time give them a range of rewards from a nice brownie to the ultimate fatty delight, a big cheese cake. :idea:

- Get an executive summary of all the TV shows and their recent episodes/plots so you can have something to talk about when small talk is required (a fatty that likes small talk would fit into the I+FAT quadrant on the modified DISC analysis)

Just some ideas from your old uncle Platehead - I manage people as well and have thought about creating a Fat Ass Management Guideline for my company (that is when I don't need a job because I'm so fucking rich..)
 
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