California, United States of America
The following excerpt is from Cassista v. Community Foods, Inc., 22 Cal.Rptr.2d 287, 5 Cal.4th 1050, 856 P.2d 1143 (Cal. 1993):
Two decisions under the Rehabilitation Act are particularly noteworthy. In Tudyman v. United Airlines (C.D.Cal.1984) 608 F.Supp. 739, a male applicant for a position as a flight attendant was rejected because he exceeded the [5 Cal.4th 1064] airline's body weight guidelines. He sued, claiming that he had been denied employment on the basis of a handicap under the Rehabilitation Act. His weight was apparently the result of extensive body building, resulting in a low percentage of body fat and a high percentage of muscle. (Id. at p. 741.) The court granted summary judgment for the airline, observing that the applicant's condition was not the result of a physiological disorder affecting one or more of the body's systems, "e.g., the result of a glandular problem," but rather was "self-imposed and voluntary." (Id. at p. 746.) Accordingly, he failed to meet the definition of a handicapped individual under the federal statute.
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