DISCUSSION QUESTION - DISABILITY DISCRIMINATION

Bob is six feet tall and weights over 350 pounds. Shortly after he graduated from high school in June, 1995, he applied for a job with Troy Auto Parts and was hired by Paul, the store manager. Jane, the store owner, did not meet Bob before he was hired.

Although Bob was initially permitted to use any of three company vehicles to make deliveries, Jane decided that Bob was too heavy to drive the Ford Festiva and Geo Metro cars. Thereafter, Bob was assigned few deliveries and only used the company truck. His other duties included pulling orders from the warehouse, unloading stock, and cleaning. He performed adequately, although he had to rest more often than his co-workers.

Soon after Bryant began working, Jane expressed concern to Bob's mother about his weight and health. Although Bob's mother, who is a registered nurse, assured him that her son was healthy and did not have high blood pressure ar any heart problem, Jane said she would like to see Bob reduce his weight to 280 pounds.

Throughout his employment at Troy, Bryant was verbally harassed by his co-workers and Paul with derogatory references to his size, including being called "Buddha." He made it clear that he did not like the name-calling and complained to Jane, who told Bob that he would just have to get used to it. He also complained to Paul, who indicated that he would take corrective action but instead continued to join in the harassment.

Bob was unable to loss the 70 pounds. Jane fired him, stating that he was too slow.

Does Bob have a complaint under the ADA or the Rehabilitation Act?