How have courts dealt with claims under the Rehabilitation Act and other federal rehabilitation legislation?

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.

Other Questions


How have the courts dealt with claims that a father has forfeited his right to make a claim against the father? (California, United States of America)
What are the consequences of a Federal Court finding that a federal court violated a plaintiff's constitutional rights by imposing fees and fines without making a determination of his ability to pay? (California, United States of America)
How have courts dealt with a claim on appeal that the trial court abused its sentencing process? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
How have courts treated criticism of legislation in the context of legislation being challenged in the courts? (California, United States of America)
Can a cause of action first asserted in state court relate back to a claim made in federal court? (California, United States of America)
What is the retroactivity of new federal habeas corpus rules in federal federal courts? (California, United States of America)
How has the Court of Appeal in Ontario dealt with appellant's claim that he was prejudiced by the error-strewn trial court? (California, United States of America)
Can a defendant bring a notice of appeal to the Court of Appeal claiming that he failed to raise his constitutional claims in the trial court? (California, United States of America)
How have courts dealt with the appellant's claim that counsel breached rules of court by failing to prepare a complete record? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.