When the US was founded, is it likely our founding fathers could have anticipated this lawsuit – Dolan v. Case Pork Roll Co.?
Perhaps.
Ben Franklin once wrote a letter called Fart Proudly. Franklin was living abroad, serving as Ambassador to France. He opined the Royal Academy of Brussels called for too many scientific papers that focused only on the impractical. In that context, Franklin’s essay argued that more research should be done to improve the odor of human flatulence.
I have perused your late mathematical Prize Question, proposed in lieu of one in Natural Philosophy, for the ensuing year…Permit me then humbly to propose one of that sort for your consideration, and through you, if you approve it, for the serious Enquiry of learned Physicians, Chemists, &c. of this enlightened Age. It is universally well known, that in digesting our common food, there is created or produced in the bowels of human creatures, a great quantity of wind. That the permitting this air to escape and mix with the atmosphere, is usually offensive to the company, from the fetid smell that accompanies it. That all well-bred people therefore, to avoid giving such offence, forcibly restrain the efforts of nature to discharge that wind.
From Wikipedia:
The essay goes on to discuss the way different foods affect the odor of flatulence and to propose scientific testing of farting. Franklin also suggests that scientists work to develop a drug, “holesome and not disagreeable”, which can be mixed with “common Food or Sauces” with the effect of rendering flatulence “not only inoffensive, but agreeable as Perfumes”. The essay ends with a pun saying that compared to the practical applications of this discussion, other sciences are “scarcely worth a FART-HING.”
Franklin thought the Royal Academy was a pompous collection of windbags. His letter was intended to draw attention to their pretentiousness; not to stimulate a new field of inquiry.
Back to the more mundane 21st Century.
Dolan v. Case Pork Roll Co.
Richard Clem worked as comptroller at Case Pork Roll Co. He weighed as much as 420 pounds. He then had gastric bypass surgery. Post-op he suffered from constant flatulence as a side effect of the surgery. According to the lawsuit, Clem experiences “extreme gas and uncontrollable diarrhea” that made him have to “sit on a toilet 24 hours a day.”
His boss had enough of this. Thomas Dolan, the president of Case, claims that Mr. Clem’s seeming inability to control his flatulence and the ensuing aroma—was obviating the scent of pork rolling.
According to the lawsuit, the boss allegedly told the employee’s wife (also an employee of the company) that “This can’t go on. We can’t run an office and have visitors with the odor in the office,” and “We have to do something about Rich.”
The lawsuit was filed as a violation of the American with Disabilities Act. The question to be resolved is whether the flatulence was a side effect of a medically necessary procedure to curb obesity and its complications. If so, is obesity and its treatment covered under the American with Disabilities Act? And, is there a reasonable accommodation the employer can make so the employee could have functioned?
Apparently, technology has come to the rescue. Shreddies is a flatulence filtering underwear. Activated charcoal cloth is built into the construct. Shreddies’ promotional web site has a diagram showing flatulent odors traversing the activated charcoal cloth, emerging as “odour-free air.” Will Shreddies be considered a “reasonable accommodation” which could have allowed the plaintiff to continue as an employee?
What’s my point with this? There are times an employer will have little choice but to terminate an employee. Before acting impulsively, go through a quick analysis as to whether the firing may lead to a lawsuit including an allegation of discrimination under the American with Disabilities Act. Other analyses need to be performed at the same time. There are many ways to allege discrimination. Run it by your lawyer – hopefully someone skilled in the nuances of employment law.
I wonder if Shreddies is the answer to Ben Franklin’s original call to action. A jury may soon decide.
The dumb thing the owner did was discuss the problem with the employee’s wife. In an employment-at-will state, the owner would probably have fared better if he had just fired the employee without cause, assuming there was no contract that provided differently. People get themselves into trouble when they talk too much.
I think obese people would like obesity to be covered under the Disability Act, but most obesity is a self-made problem, different from other disabilities. I don’t hear much about there being an obesity problem in African countries, so I think most of obesity in this country is attributable to poor dietary choices and lack of exercise.
Impulsivity in my life has rarely led to anything good. And now I know why the pork rolls from local Chinese restaurants have been crappier than usual.
Once again, truth is stranger than fiction. Thanks again for the heads up in the employer: employee modern saga.
Unfortunately, James Summers, our country (still) loves “fat” meat, and the farmers do enjoy earning a living. So our animals continue to be fed a diet high in hormones. The hormones, unfortunately, act on people the way they act on animals – they make us plumper. Unfortunately, at the same time, America has been super-sized. Our regular portion size is at least double what it was in the 60’s and 70’s. And, as you point out, there is a lack of exercise, thanks for the most part to the all-mighty computer and to a long work week and household responsibilities.
And, no, you don’t hear much of an obesity problem in Africa because they are either grossly undernourished and/ or their animals are not being fed antibiotics and hormones.