[Berkut]

Originally Posted by SpiraMirabilis

Obesity is not a protected class but disability as defined by the American's With Disabilities Act is a protected class. The major metric applied is whether or not it constitutes a substantial limitation of a major life activity.

If Vladi34 were disabled due to weight, he would know it and we wouldn't even be having this discussion. He refers to himself as "out of shape ... working to get the weight down," not disabled. Major life activities are things like walking, eating, sleeping, breathing, caring for oneself, and so on. Being unable to fly in a 172 with full fuel does not mean he's disabled; by that standard, given the numbers in vladi34's original post, everyone over 230 pounds would qualify, including me.

At any rate, forget the above; we don't have to debate his disability. Vladi34 is probably reading this and we can simply ask him and settle the "discrimination" issue right off the bat: Vladi34, are you considered disabled due to your weight?

edited to add: He's not disabled. He already posted about his weight condition here: http://forums.jetcareers.com/ask-a-f...t-medical.html No mention of a disability.

Additionally another metric is discrimination based on a perceived disability, so while the OP may or may not fall inside the definition of a disabled person based on his weight alone -- if ATP believes he does then it is also a tort.

I've seen nothing to indicate that ATP believes he actually has a disability; only that he's too heavy for some of their aircraft.

Additionally I think Jim's phone call implies that he also thinks airlines would discriminate against him based on a perception of disability?

Too many assumptions. Why not interpret it as "I know you're not disabled, but the airlines are really picky about appearance" or some other legitimate reason? Which do you think is more likely?

The burden for the company/organization accused of discrimination is "the reasonable modification of rules, policies or practices." I think it would be reasonable to modify their policy on full fuel, I also think it would be reasonable to modify their practices by swapping a 150 for a 180 hp aircraft at that location, or to allow the OP to do training at a location that has a permenant 180hp aircraft. Jim's statement that such would require "administrative oversight" is not a very compelling argument IMHO. Every flight that ATP has operational control over requires "administrative oversight."

None of the above is relevant if he doesn't have a disability. They don't have to accommodate him.


Now, putting the whole discrimination thing aside for the moment (and hopefully for good), my personal opinion is that you are right to be upset, Vladi34. I think they should have told you up front if they thought your weight was a problem, and they should have been willing to let you fly with reduced fuel. If they don't want to take your $79,000 then I suggest you vote with your money and go fly someplace else. Don't let this discourage you from flying! There are plenty of other schools that will work with you.