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Truck Driver Suspended For Being 'Too Fat' To Work

POSTED: 12:08 pm PST November 8, 2005
UPDATED: 12:22 pm PST November 8, 2005

An Oregon truck driver was suspended after being told he was too fat to work.

Last month a jury disagreed, and turned the case into a landmark lawsuit.

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For 18 years, John McDuffy has been most at home in the cab of a big rig.

His weight is around 550 pounds.

But he says his weight never kept him from doing his job safely. In May 2004, he'd been a driver for Interstate Distributor, a Tacoma-based trucking company, for about 14 months.

He was suspended without pay, told the company had concerns about his health.

"I think they just wanted to get rid of me because I was a big guy," said McDuffy.

McDuffy filed a discrimination lawsuit and won. At trial, the jury saw a videotape, a physical capability test administered by a company doctor.

"I had to demonstrate getting in and out of the truck, getting out a trailer, all the things that a truck driver might need to do," said McDuffy.

McDuffy passed every test with flying colors. The doctor wrote McDuffy could perform his duties.

"They had no proof that I couldn't do my job, it was just them thinking that because I was a big guy I couldn't do my job," said McDuffy.

"Obesity as a disability has not been litigated very much," said McDuffy's attorney, Christopher Slater.

Slater hopes this case now sends employers a message about obesity discrimination.

"There was a time when it was okay to discriminate against people based on their color, clearly that's not acceptable in out society anymore, but clearly people still make fat jokes," said Slater.

"Big people, you know, we're people. We have feelings. I didn't do anything wrong, but they did stuff wrong and I would like to go back to work," said McDuffy.

On October 5, the jury awarded McDuffy $9,000 in back wages and $100,000 in punitive damages.

Calls to Interstate Trucking's attorney were not returned.

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