Say that three times fast! We all know that flatulence is a part of our bodily functions, but most of us know when it’s appropriate to cut the cheese, and when it’s not. For one man, though, his frequent flatulence caused his termination. Was this disability discrimination or a load of hot air?
A man from New Jersey, who worked in a pork roll production facility, was recently fired for his excessive gas passing. The flatulence was not due to poor manners, however; it was due to his recent gastric bypass surgery.
The man weighed 420 pounds when he first began working there in 2008. In 2010, he underwent the surgery to help with his obesity. Gastric bypass surgery is designed to reduce the size of your stomach to help you lose weight, but it also carries adverse side effects, such as extreme gas and uncontrollable diarrhea.
In 2013, the man’s symptoms worsened and he became a “significant disruption in the workplace.” The president of the company spoke to the man’s wife, who worked right beside him, about his condition. He said, “This can’t go on … Tell [the man] we are getting complaints from visitors who have problems with the odors.”
Now, you would think that a pork roll facility would have its own distinct odor, but apparently this man’s gas trumped that smell. The president of the company continued to complain about the odor and eventually fired the man in 2014. The man’s wife quit that same day in protest.
Now here’s where the story gets foul. According to the company’s owner, the man was never discriminated against. The owner claims that the business was failing and he asked the pair to take a pay cut and instead they quit. The owner said, “Even I took a pay cut. He refused and he just walked out. That was the end of it.”
The man’s wife has since filed a lawsuit against the company, claiming they violated the Americans with Disabilities Act when they “terminated” him, but the owner still stands firm that the pair quit over a pay dispute. It will be interesting to see how this claim plays out!