Texas Supreme Court to consider protections for obese employees

The Texas Supreme Court will hear an employer’s appeal from the El Paso Court of Appeals that extended the protections of the Texas Commission on Human Rights Act (TCHRA) to obese employees. The El Paso appeals court doesn’t have a good track with our high court, and it’s likely the court didn’t agree to hear the case so it could say, “Good job, El Paso, keep it up.” Read on.

A Morbidly Obese Employee . . .

Dr. Lindsey Niehay weighed about 400 pounds during her residency at the Texas Tech University Health Sciences Center in El Paso. Her troubles started when her superior asked her to insert a needle into a joint to remove fluid. It’s a fairly common procedure. The superior said that, as she was trying to perform the procedure, Niehay was “sweating profusely . . . and had to take multiple breaks because of her inability to stand and at times bend over to gain the best access.”

The more senior doctor attributed the issues to Niehay’s weight. A cascade of concerns then arose about her “physical impediments,” although the university believes she was capable from a knowledge standpoint. When she allegedly left patients unattended, she was drummed out of the program.

. . . But a legally protected one?

First off, obesity is likely a protected disability under the TCHRA. But for some unknown reason, Niehay didn’t make that argument.