Gulfport Attorney Discusses Disability Bias Case with Bloomberg Law and Law360

In interviews with Bloomberg Law and Law360, Kelly McCall discusses a case pending before the Texas Supreme Court in which an obese doctor argues that her firing violates state and federal disability law. Kelly notes that suits alleging unlawful discrimination based on obesity are becoming more common, and she explains to Law360 that “as we’re moving toward a more inclusive society, regarding race, color, gender, size, I think it’s safe to say that’s going to bleed over into the employment world.” She discusses the issues at play in these types of cases and tells Bloomberg Law that “companies should generally exclude size requirements in hiring that aren’t pertinent to the functions of the position and accommodate heavier employees when possible.” In the end, Kelly warns that it’s “perilous” for employers to make assumptions about the potential limitations of an employee’s weight, and if the issue is raised then it becomes “critical” for the employer to engage in a discussion about reasonable accommodations.  

To read the articles visit Bloomberg Law and Law360 (subscriptions required).