Problem
Betty Thomas applied for a position as an attendant for the mentally retarded in a residential facility operated by the Mental Health Retardation Hospital (MHRH). She had previously worked for MHRH in an identical position. She had an excellent work record and left employment with MHRH on good terms. When Thomas reapplied for the position she previously held, she stood 5 feet 2 inches tall and weighed 320 pounds. During her preemployment physical, it was determined that although Thomas was morbidly obese, no limitations were found that affected her ability to do the job. MHRH refused to hire Thomas because of her obesity, claiming that her weight compromised her ability to evacuate patients in the event of an emergency and put Thomas at greater risk of developing serious ailments that might lead to higher absenteeism, as well as increasing MHRH's exposure to workers' compensation claims.
What issue(s) must the court decide in this case?
If you were a member of the jury, how would you vote? Did the employer discriminate unlawfully? Why or why not?