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The West Virginia Supreme Court has upheld a lower court ruling that a Madri Gras Casino did not discriminate against an overweight blackjack dealer.
Andrew O., who weighs 540 pounds, had sued the Madri Gras Casino, which had employed him for two months in 2010 before firing him.
Andrew has a medical certificate showing that he has been suffering from obesity ever since he was 12. Moreover, he also had arthritis.
Court documents say that 22-year-old Andrew worked part time at the casino and was required to button his shirt at the wrists and tuck it inside his black pants, but was fired because his weight made it difficult for him to do so.
But the casino provided him special facilities such as a separate break area and a blackjack table with a wheelchair.
Andrew had complained that the casino had discriminated against him because of his weight, but a local court ruled that the casino did not discriminate against him, but had “legitimate and non-discriminatory reasons” to fire him. The Supreme Court upheld that ruling, stating that the West Virginia Human Rights Act does not specifically protect obese people. It also pointed out that the casino had provided special facilities to make life easier for Andrew.
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