William worked for a utilities company, Power, Inc., in an installation and maintenance position which sometimes required that William use man-lift equipment and climb utility poles. William was obese, and the utility company had safety regulations that required that employees who worked in William’s position not weigh more than the load limits of the equipment that was regularly used in that position. William weighed more than the safe load limits of the equipment used in his position, so his supervisor made sure that the job assignments given to William did not require him to use the man lift equipment or to climb utility poles. As part of a regular workers’ compensation insurance review, the insurance company for Power, Inc. determined that William’s weight presented an unreasonable risk of injury if he continued to work in the installation and maintenance position, so William’s supervisor advised William that he would have to lose weight in order to continue being employed by Power, Inc. Although William tried to lose weight, he was not able to lose enough to satisfy the insurance company. William said his inability to lose weight was due to the fact that he suffered from a lack of self-confidence and that he had never been able to control his weight. When William did not lose the weight necessary for him to perform his duties safely as determined by the insurance company, he was terminated. Did Power, Inc. improperly discriminate against William on the basis of a disability?

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