Allen
Maitland,#2Consumer Suggestion
Thu, October 20, 2005
Heidi When I first read your post I thought to myself as some of the other posters wrote regarding your mother and her size. After I did a little research on my own and reread your post my thoughts and opinions change. Some of my research appears at the end of this post. If others would have truly read your post they would have seen that you said that your mother is Disabled and Overweight, not just overweight. Perhaps her disability is caused by her weight or visa versa. I dont know and that is really none of anyones business. To play devils advocate, perhaps when making the reservation for the car you used you should have mentioned about the accommodation needed for your mother's circumstances. A Buick LaSabre is really a medium sized car, and perhaps a larger Cadillac or a mini van would be more comfortable for your mother. Now back to the situation that occurred at the rental car place. Should they or shouldn't they have had a seatbelt extender. I would think yes, they should have, most rental car places make available car seats for infants and children (at a charge) so why not an extender? There are plenty of overweight people the rent cars, so this should be an accommodation that they should have readily available, they can cost all that much to have a few on hand. The time that it took to get a response from the rental car place was unacceptable, and if they did not know what an extender is they should have dealt with the situation immediately and offered a larger vehicle or referred you to a facility that could. If you could get an extender from the Buick dealer, they should have been able to make a call and do the same, sheesh, if you want to promote good customer service for your business you should do what you can to make a situation right. As far as being covered by the ADA based on weight and size that I am not sure of but I did learn something about the ADA and obesity and tried to make this a learning experience for myself. Now only you know what your mother's disabilities are and perhaps you have already looked into whether they are covered under the ADA or not. I should not be others who do not know what the situation is to pass judgment on something they know nothing about. Best of luck. The following is from epexperts.com A. Obesity Is Generally Not a Disability Covered by the ADA, but Morbid Obesity Is The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities. Even if an obese person has difficulty performing the normal daily functions of living and working, he or she will not be considered disabled under the ADA unless the obesity substantially limits a major life activity.12 Major life activities can include everything from caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and [even] working.13 The allegedly disabling condition must usually be a bona fide medical or psychological condition. The Equal Employment Opportunity Commission's ADA regulations clearly state that, absent exceptional circumstances, obesity does not meet the definition of a disability under the ADA.14 Thus, unless an individual who is just obese can show that his or her obesity is the result of a physiological impairment, being obese will probably not result in ADA protection. This means that obese people who are treated differently based upon their appearance alone will not enjoy the protections of the ADA. However, the EEOC and courts have consistently included the more serious condition of morbid obesity within the definition of disability under the ADA. EEOC guidance documents clearly state that morbid obesity could be a protected disability as defined by the ADA, and federal courts have included morbid obesity within the category of medical conditions that impair major life activities. The following was taken from a business Journal in Buffalo New York Under the ADA, a person is considered to have a disability if that individual either has "a physical or mental impairment that substantially limits one or more of the major life activities of such individual," or has "a record of such an impairment," or is "regarded as having such an impairment." Generally speaking, being overweight has not been considered an impairment under the ADA unless the person has been clinically diagnosed as obese or suffers from a physiological disorder resulting from the overweight or obesity and a major life activity is limited, (such a caring for oneself, performing manual tasks, walking). If the obesity or resultant condition limits a major life activity, then the condition would be considered a disabling condition under the ADA. In addition, if the employer unjustifiably regards an overweight or obese person as having a disability, the employer would again be in violation of the ADA The following was taken from the US Department of Justice Website. http://www.usdoj.gov/crt/ada/pubs/mythfct.txt "MYTH: Everyone claims to be covered under the ADA. FACT: The definition of "individual with a disability" is fraught with conditions and must be applied on a case-by-case basis. MYTH: The ADA protects people who are overweight. FACT: Just being overweight is not enough. Modifications in policies only must be made if they are _reasonable_ and do not fundamentally alter the nature of the program or service provided. The Department has received only a handful of complaints about obesity. "
Leticia
Anytown,#3Consumer Comment
Wed, October 19, 2005
Back to original post. Maybe they didn't know anything about seat belt extenders. I know that I'd never heard about one until your post. That is probably what all the calling around was about. Since you did just go to the Buick Dealership and get one, why didn't you inform them that they could just get one at the dealership? I'm sure that they probably would have accomidated you then.
Donna
Walker,#4Consumer Comment
Wed, October 19, 2005
and your low self-esteem problem is obvious. There is no good reason to attack someone for a physical attribute you don't like. You can say you don't feel like something should be paid for by a company and not say it in a demeaning and condescending manner. At least a fat person can do something about it. You're stuck until personality transplants become available. Instead of a Twinkie, you go take a Valium.
Donna
Walker,#5Consumer Comment
Wed, October 19, 2005
and your low self-esteem problem is obvious. There is no good reason to attack someone for a physical attribute you don't like. You can say you don't feel like something should be paid for by a company and not say it in a demeaning and condescending manner. At least a fat person can do something about it. You're stuck until personality transplants become available. Instead of a Twinkie, you go take a Valium.
Mark
Arlington,#6Consumer Comment
Mon, September 09, 2002
Hey I am not FAT & I dont eat TWINKIES. I understand you just want me to try so you can attack me over it. I have seen COWS like you go after TWINKIES & it isnt pretty. So just go back to wherever you are from & hide yourself until you can join the rest of the world without being EMBARASSED or STUPID.
Denise
Lake Villa,#7Consumer Comment
Mon, September 09, 2002
Mark, You are so stupid. Alot of people are fat! Most people are fat! Some people are fat BECAUSE of a disease you dung head. So shut up and eat a twinkie.
Mark
Arlington,#8Consumer Comment
Tue, August 27, 2002
Why is this a VIOLATION of the ADA. Just because your mother is FAT doesnt make everyone have to build EXTRA HEAVY DUTY things to accomadate her. Southwest Airlines is correct when they charge people like her for 2 seats. If you need special equipment you should PAY FOR IT. Enterprise and other rental car companies are in the business of renting cars. NOT FARM TRAILERS for FAT PEOPLE. Quit trying to use the ADA to try & get everything for free just because you are FAT !!!!