Recently, a municipal employer instituted height and weight guidelines for its firefighters and other public safety employees. When an employee came in overweight, he was fired. The employee sued, saying that he was disabled and the employer violated the ADA by firing him.
The appeals court (Francis v. City of Meriden, CA 2, No. 1663, 96-9610) did not rule in the employee’s favor. It said that the employer’s guidelines were non-discriminatory.
Setting guidelines related to height, weight, language, and physical ability aren’t necessarily prohibited under all circumstances. However, they must be related to the requirements of the designated position.
Source: You and the Law, National Institute of Business Management, 1750 Old Meadow Rd, Suite 302, McLean, VA 22102, November 1998. 800/543-2055. Cost: $187/year.