Legal Question in Discrimination Law in Florida

Re: Being Overweight

Generally, being overweight, or even obesity, is not a covered disability under the law. However, if it affects your health, for example, if the seating causes back problems, then it might be covered. (The law is very complicated in this area, and not all disabilities, no matter how legitimate they are, are actually entitled to protection.) You would need medical documentation to show to the school to prove that you are entitled to accommodation, at least in your doctor's view.

From a practical standpoint, though, have you simply approached the school's administration and asked for help? You are a paying student adn they should help you regardless of whether the law requires it. If you have not, then consider simply explaining your plight, tell them what you need (a larger chair?), and ask if they can help. Don't start spouting off about the law or making demands. Just ask for help and see what happens.

And, if I may, let me suggest that you do yourself and your family a favor and start a program to lose the weight. Just walk a few steps a day and cut down a little bit on bread or some fatty foods, and try to lose just one or two pounds a month. You don't need Atkins or Dr. Phil or anything else. (Although Weight Watchers, which is available online, works wonders.) I speak from experience. Many in my family struggle with this. I have always been a bit overweight myself and am constantly exercising and trying to stay as slim as possible. If nothing else, it's a terrible health problem. I know you have heard it all before and thought about it a million times, but make the change right now. In 6 months, when you have lost maybe 10 or 15 pounds, you'll feel a lot better and have incentive to continue. After a year, you'll probably knock off 30 or 40 pounds just by making slight changes. Then you'll really have incentive and will keep it going.

The only reason I mention this is because I really sympathize and empathize. (So I hope you're not offended by my thoughts.) Especially in our society, being overweight is a real curse. So I wish you much luck in dealing with the school and conquering all the related problems.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.