David Lopez, 44, weighs over 400 pounds, has diabetes, hypertension, asthma, and has trouble walking or standing for prolonged periods of time, but Lopez started attending Wayne State University with the hefty goal of being a high school gym teacher.
When Lopez got his doctor to sign a medical waiver for him during the student-teaching requirement of the program, he demanded that the university let him conduct his student teaching virtually. Wayne State University refused.
Lopez claims the university rejected his application for accommodation based on weight discrimination.
"They don't think I fit the description of what a PE teacher was because I'm very overweight," Lopez said. "They didn't want me to graduate with my certification because I didn't fit what they perceived to be a gym teacher because of my size and because of my weight. There's no doubt that was the reason why. There was no other reason. I passed everything."
He says that even though he cannot participate in sports and gym activities, he can still be a good teacher ... albeit from a distance.
To be fair, the school that Lopez was supposed to be teaching at was willing to accommodate him with remote classes, but the educational department said the school district requirements stated that student teachers needed to be in-person in order to receive credit for student teaching.
"It got to the point where I had no other choice left," Lopez said. "I left with no degree, no certification, no nothing.
"Suing the school was my last option. I didn't want to do it, but I'm doing it because I have nothing, and I have no way to earn a living now because they took away my opportunity to get a degree. All I asked for was a reasonable accommodation."
It's important to note that weight is a protected class in Michigan, just like sex and race.
But that law specifically refers to discrimination by employers.
Wayne State said there is no legal claim for weight discrimination against an educational institution and called the lawsuit frivolous.
We'll see how that works out for them.
In the woke age of affirming the infirm, I'll put my money on the big guy.
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