Legal Question in Civil Rights Law in Iowa

must lose weight to be called back to work

I work as a line clearance tree trimmer subcontracted by an electric company. I recently took a voluntary lay off but was given the opportunity to go back to work shortly after. Day I was to go back they inform me that I need to lose weight by OSHA safety standards. I am 6' 5'' weight 317 (at time of DOT physical) I do have large bone structure but Idon't consider myself fat. If I'm a safety issue than I have been since they hired me 5 yrs ago. Now I'm trying to lose the 17lbs they say that I'm over & they inform me that even if I lose the weight they can not guarantee my position back. I do belong to the local union but I would like to know what I can do about this. What rights do I have? Where can I seek help in this matter?


Asked on 9/19/08, 12:23 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: must lose weight to be called back to work

I'd first see my union rep to see what can be done about this. You must know that Iowa is a right to work state which means that you can be let go for good reason, any reason or no reason at all and little can be done about it, unless you are working under a contract of employment-which, if there's a collective bargaining agreement in place, you may be. Did you ever wonder why employee handbooks always say "this is not a contract of employment"? That's why.

If your physical condition constitutes a safety hazard that rule may not have been in effect when you were first hired. You can probably make an argument that they waived it if it was in effect at that time.

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Answered on 9/19/08, 9:48 am


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