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Man says girth cost him job at restaurant

Joseph Connor of New Haven filed the lawsuit last year against McDonald’s, claiming that it discriminated against him, in violation of the Americans with Disabilities Act of 1990 and the Connecticut Fair Employment Practices Act.

Connor, who weights 420 pounds, charges that McDonald’s violated the laws when it regarded him as physically disabled, or morbidly obese, and refused to hire him based on that perception. Further, he alleges that his obesity is a disability, and the restaurant chain violated the CFEPA by deliberately not hiring him.

U.S. District Judge Stefan R. Underhill, in denying McDonald’s motion to dismiss the case, concluded that Connor must be given the opportunity to prove that he is protected under the law.

McDonald’s had argued that obesity, except in special cases where the obesity is due to a physiological disorder, is not a “physical impairment” within the meaning of the ADA. The chain claimed that Connor must show that his obesity is related to a physiological impairment in order to pursue an ADA claim.

“The judge’s decision is a very important one,” said Attorney Gary Phelan of West Hartford, who is representing Connor. “This is the first time a Connecticut court is saying that obesity may be a disability under state discrimination law.”

Phelan, who is co-author of the book, “Disability Discrimination in the Workplace” said there have been only five decisions nationwide in which a court has ruled that one who is morbidly obese may be regarded as disabled under the Americans with Disabilities Act.

“Discrimination due to obesity is rampant in this society,” Phelan said. “Hopefully, this will make employers think twice before they refuse to hire someone based on their weight.”

Attorney Lawrence Peikes of the law firm Wiggin & Dana, who is representing McDonald’s Corp., said the judge’s decision was not on the merits of the case.

“It in no way indicates how the judge views the case factually,” Peikes said. “McDonald’s is confident there is no merit to the claims and looks forward to having the matter resolved.”

A court date has yet to be set.

McDonald’s has a longstanding policy and practice of not discriminating against applicants, he said.

In September of 2000, Connor attended a job fair in New Haven and applied to work at the McDonald’s at 2320 Dixwell Ave. in Hamden as a cook, according to court documents.

At the time, a manager offered Connor a position working as a cook during the closing shift at a rate of $6.75 per hour, and Connor accepted the position, the lawsuit states.

Arrangements were then made to order Connor’s uniform, and Connor informed management that he had a 54-inch waist and 22-inch neck.

The complainant understood that he would begin working as soon as his uniform arrived, in about three days.

While Connor received a call that his uniform shirt arrived, he was told the pants had not yet come in.

Connor alleges that management never called him again, and didn’t return his phone calls when he tried to check on the pants and his employment status.

When Connor went to the restaurant in January 2001, he said people who had been hired at the same time working, the lawsuit states. Further, it alleges that while Connor had to wait for his uniform pants to arrive, other employees were working while wearing black denim jeans, stretch pants or khakis.

According to Peikes, Connor had been hired by a manager of the store when it was corporately owned. While Connor was waiting for his uniform, the restaurant in question was taken over by a franchisee, he said.

“This is an important fact in the chronology of the case,” Peikes said.

Connor alleges that he suffered financial loss and severe emotional trauma, and he is seeking $300,000 in damages, back pay and employment at McDonald’s.