[Iniquity]

as Vod said, it could very well be classified as a disability. BUT, also as he said, if the guy cant perform the work as the others are expected to, then he clearly is not qualified for the job. Not letting him do the job and calling it discrimination for being bumped back to say dishes, does not qualify. I deal with employees like this all the time, unfortunately the ones I work with are back injuries, heart attack survivors, and extremely fat guys. They ALL want to apply to be welders, but if the hole they need to climb into and often HAUL ASS back out of is smaller than they are, they dont get the job. No chances, no opportunities NO NO NO.

BUT, because they can do other things we HAVE to employ them *I really despise unions* thereby screwing the harder, more skilled workers that HAVE to pick up their slack.

Might also want to check and see if he is a "relative" of someone there by any chance. Those little buggers slip in out of the woodwork like crazy at a lot of high paced jobs like that, hoping that the day will move by fast enough that no one will realize how much of a toad someone is.