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Teen Accuses rue21 of Weight Discrimination

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#31 adrynalyne

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Posted 05 September 2013 - 18:29

Its the morals of the employee, nothing more. I mean sure it was not a nice thing she did but like I said there are tons of stores out there who are more than willing to take anybodys money, no matter how much you weigh,.

 

So took a look at that "rue21", if that dump really thinks they are in any position to be picky about customers then it really is laughable.

While your care-free attitude works for you, it doesn't for most.

 

Using your logic, then me finding that someone spit in my food at a restaurant, I should just get up and leave instead of complaining to the manager.

 

Here is what would actually happen:

 

1.  I would tell the manager.

2.  I would call the restaurant owner if something wasn't done about it.

3.  I would make sure everyone I knew was informed about it, including social media.




#32 AwayfromHere

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Posted 05 September 2013 - 18:40

While your care-free attitude works for you, it doesn't for most.

 

Using your logic, then me finding that someone spit in my food at a restaurant, I should just get up and leave instead of complaining to the manager.

 

Here is what would actually happen:

 

1.  I would tell the manager.

2.  I would call the restaurant owner if something wasn't done about it.

3.  I would make sure everyone I knew was informed about it, including social media.

 

I'm not care-free at all believe me but I also think people are too sensitive these days. Every little word "hurts" them so much and then things are blown out of porportions like this case..

 

Sure of course you should tell the manager but thats not what she did is it? Someone spat in my food I'd also tell the manager instantly but I wouldn't go on the public news about it first and then try to solve it.



#33 Som

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Posted 05 September 2013 - 20:21

well she looks like she's in her late 20s by her weight height ratio, she's obviously over weight and unhealthy.  doesn't stop the employee from being a dick though and obviously he/she should be fired

 

How does her age affect her height to weight ratio ?



#34 HawkMan

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Posted 05 September 2013 - 20:24

She looks like she's in her late 20.... Errr right...

#35 Sandor

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Posted 05 September 2013 - 23:33

well she looks like she's in her late 20s by her weight height ratio, she's obviously over weight and unhealthy.  doesn't stop the employee from being a dick though and obviously he/she should be fired

Can't watch the video apparently in Canada...so I just have the screencap on the page. Doesn't look that overweight to me. Not like she's 400lbs or anything



#36 xendrome

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Posted 05 September 2013 - 23:36

She could have been there to buy a gift for a friend, or something else like earrings or a scarf. There is no legal basis for this kind of discrimination and they totally deserve the retaliation. This is no different than them throwing someone out for their race. Total bull****.

 

Well while it is morally wrong... race is a protected class and weight is not, so legally being a private store they can do what they want as long as they don't violate a protected class.. Problem is the publicity it produces for them, not good..



#37 adrynalyne

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Posted 05 September 2013 - 23:41

Well while it is morally wrong... race is a protected class and weight is not, so legally being a private store they can do what they want as long as they don't violate a protected class.. Problem is the publicity it produces for them, not good..

Yet.

 

Michigan and a few cities do have laws protecting obese people from discrimination.



#38 Rohdekill

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Posted 05 September 2013 - 23:47

That isn't really true.

 

There are several laws that prevent them throwing you out on grounds of discrimination or disability.

 

Private stores do not give them the right to break laws.

What law?  I see or heard of no law which prevents discrimination based solely on weight or obesity.  Please provide a link to a .gov site which states this is illegal.



#39 adrynalyne

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Posted 05 September 2013 - 23:50

What law?  I see or heard of no law which prevents discrimination based solely on weight or obesity.  Please provide a link to a .gov site which states this is illegal.

First of all, I have full faith in your searching abilities.  Don't make me do your work.  Want to know more?  Google it.

 

If it is a disability, then she can fight it in court.  Some have even fought that obesity in itself is a disability.

 

If not, she doesn't have a case, but that is changing.  See above post.

 

So as I said, it isn't really true. Wanna disprove my comment?  Work for it.



#40 Rohdekill

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Posted 06 September 2013 - 00:28

First of all, I have full faith in your searching abilities.  Don't make me do your work.  Want to know more?  Google it.

 

If it is a disability, then she can fight it in court.  Some have even fought that obesity in itself is a disability.

 

If not, she doesn't have a case, but that is changing.  See above post.

 

So as I said, it isn't really true. Wanna disprove my comment?  Work for it.

I have searched it.  The only law on the books for Oregon (where this occurred) deal with weight discrimination in the workforce.  If she has a disability, the laws which protect disability are for public access into the facility.  Neither law protects this individual from being rejected from a privately owned store based on weight. So, where did you come up with "this is illegal", without bothering to quote the law or provide a source of such laws?



#41 adrynalyne

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Posted 06 September 2013 - 00:53

I have searched it.  The only law on the books for Oregon (where this occurred) deal with weight discrimination in the workforce.  If she has a disability, the laws which protect disability are for public access into the facility.  Neither law protects this individual from being rejected from a privately owned store based on weight. So, where did you come up with "this is illegal", without bothering to quote the law or provide a source of such laws?

Pulling nonsense out of your posterior, I see.

 

First of all, check ada.gov and see that they cannot reject ANYONE due to disability.

 

That is a federal law, thanks.

 

 It is not up to you to decide what constitutes a legitimate disability.  That is up for the court to decide.  In case you haven't figured it out, a lot of laws are up for interpretation.

http://www.diversity...lity-says-eeoc/

http://www.abajourna...bility_claims2/

http://www.businessi...lity-act-2013-7

http://blogs.wsj.com...y-a-disability/

http://www.mondaq.co...ty A Disability

http://www.lexology....8a-e3135a00d1bd



#42 Raze

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Posted 06 September 2013 - 01:08

An accusation has been made but no corroborating statements from her GF or any other proof yet.  I'll take a wait and see position before jumping on the rue21 hate-wagon.



#43 Rohdekill

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Posted 06 September 2013 - 11:20

Pulling nonsense out of your posterior, I see.

 

First of all, check ada.gov and see that they cannot reject ANYONE due to disability.

 

That is a federal law, thanks.

 

 It is not up to you to decide what constitutes a legitimate disability.  That is up for the court to decide.  In case you haven't figured it out, a lot of laws are up for interpretation.

http://www.diversity...lity-says-eeoc/

http://www.abajourna...bility_claims2/

http://www.businessi...lity-act-2013-7

http://blogs.wsj.com...y-a-disability/

http://www.mondaq.co...ty A Disability

http://www.lexology....8a-e3135a00d1bd

 

 

 

The ADA defines a covered disability as "...a physical or mental impairment that substantially limits a major life activity."  The links you provided mostly refer to employment protection for the obese which is irrelevant to the scenario.  However, a few refer to obesity as a disability.  If you bother to re-read the last link, you will see that general obesity is NOT a disability unless the individual has been fully evaluated and found that their obesity severely impairs life activity.  

 

We're talking about a teenager here, probably a few pounds overweight.  Do you really think she was evaluated and found that her few pounds substantially limits her major life activities??  There's not one mention of her being "disabled".  I'd think if this were the case, the article would have been written up completely differently.

 



#44 +Nik L

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Posted 06 September 2013 - 11:29

Any confirmation this actually happened and not just some kid being a kid?



#45 adrynalyne

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Posted 06 September 2013 - 13:49

 

Pulling nonsense out of your posterior, I see.

 

First of all, check ada.gov and see that they cannot reject ANYONE due to disability.

 

That is a federal law, thanks.

 

 It is not up to you to decide what constitutes a legitimate disability.  That is up for the court to decide.  In case you haven't figured it out, a lot of laws are up for interpretation.

http://www.diversity...lity-says-eeoc/

http://www.abajourna...bility_claims2/

http://www.businessi...lity-act-2013-7

http://blogs.wsj.com...y-a-disability/

http://www.mondaq.co...ty A Disability

http://www.lexology....8a-e3135a00d1bd

 

 

 

The ADA defines a covered disability as "...a physical or mental impairment that substantially limits a major life activity."  The links you provided mostly refer to employment protection for the obese which is irrelevant to the scenario.  However, a few refer to obesity as a disability.  If you bother to re-read the last link, you will see that general obesity is NOT a disability unless the individual has been fully evaluated and found that their obesity severely impairs life activity.  

 

We're talking about a teenager here, probably a few pounds overweight.  Do you really think she was evaluated and found that her few pounds substantially limits her major life activities??  There's not one mention of her being "disabled".  I'd think if this were the case, the article would have been written up completely differently.

 

 

If you bother to USE your head, you would know the exact direction a lawyer would take.

 

Unless you...LOL, think that any legal action wouldn't include a lawyer.

 

The law is all about interpretation.