On Fri, 04 Dec 2009 16:12:06 -0800, William Scott wrote: >Wouldn't there be some problems with the Americans with Disabilities Act?
There is a possibility that the ADA might be relevant in cases of extreme/morbid obesity but not for other cases of being overweight. A couple of short articles on the www.findlaw.com website are relevant. First, the general issue of whether obesity is a disability: http://library.findlaw.com/2000/Feb/1/128328.html And a situation comparabile to that in Lincoln college but involving Ohio state employees: http://library.findlaw.com/1998/Feb/1/131833.html The issue may be moot, however, since the students entered the college's program with acceptance of the reduced weight requirement, one could argue that they are contractually obligated to fulfill this requirement and failure to do so is the basis for the college not to fulfill its part of the contract, that is, granting a degree. I believe a number of private colleges may require students to sign statements that they will not engage in certain behaviors (I believe Brighan Young University does this in order to make sure that students and faculty adhere to the general principles of the Mormon religion). In the obesity case, students may have signed a similar statement. If so, there is an explicit contract. However, I am not a lawyer and I am sure that someone is likely to contest this in court. -Mike Palij New York University m...@nyu.edu >>> "Mike Palij" <m...@nyu.edu> 12/04/09 4:55 PM >>> Imagine having to have a BMI below the obese threshold in order to be able to graduate from college. Imagine no more; see: http://www.guardian.co.uk/world/2009/dec/04/lincoln-fat-graduate-obesity I wonder when this will be made a condition of granting tenure. --- To make changes to your subscription contact: Bill Southerly (bsouthe...@frostburg.edu)
