William worked for a utilities company, Power,Inc., in an installation and maintenance position which sometimes required thatWilliam use man-lift equipment and climb utility poles. William was obese, andthe utility company had safety regulations that required that employees who workedin William’s position not weigh more than the load limits of the equipment thatwas regularly used in that position. William weighed more than the safe loadlimits of the equipment used in his position, so his supervisor made sure thatthe job assignments given to William did not require him to use the man liftequipment or to climb utility poles. As part of a regular workers’ compensationinsurance review, the insurance company for Power, Inc. determined thatWilliam’s weight presented an unreasonable risk of injury if he continued towork in the installation and maintenance position, so William’s supervisoradvised William that he would have to lose weight in order to continue beingemployed by Power, Inc. Although William tried to lose weight, he was not ableto lose enough to satisfy the insurance company. William said his inability tolose weight was due to the fact that he suffered from a lack of self-confidenceand that he had never been able to control his weight. When William did notlose the weight necessary for him to perform his duties safely as determined bythe insurance company, he was terminated. Did Power, Inc. improperlydiscriminate against William on the basis of a disability?
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