Should the Law Prohibit Anti-Fat Discrimination?

SHERRY F. COLB

Cornell law professor Sherry F. Colb explores the problem of fat discrimination and considers what a law of anti-fat discrimination might look like, and why it could be important. Professor Colb explores the similarities and differences between legally protected characteristics and fatness and expresses optimism that a change in law could persuade some individuals to recognize fat people for the colleagues, students, friends, partners, and neighbors that they are.

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Members-Only Unionism is Lawful and Can Make Sense

SAMUEL ESTREICHER

NYU law professor Samuel Estreicher responds to an op-ed by Ron Holland criticizing the recent announcement of a members-only union of 300 Google workers. Professor Estreicher points out several errors and assumptions in Mr. Holland’s piece, and he argues that, in sum, there is no good public policy case for barring or restricting members-only unionism.

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Board of Education of the City of Chicago v. Moore

Citation: 2021 IL 125785

Opinion Date: January 22, 2021

Judge: Neville

Areas of Law: Education Law, Government & Administrative Law

Moore, a tenured teacher since 1994, was advised by her students that another student had ingested some pills. Other school personnel immediately became involved in responding to the incident. Chicago Public Schools later approved dismissal charges against Moore, (105 ILCS 5/34-85), alleging failure to appropriately respond, failure to supervise, failure to perform certain duties, and failure to comply with Board policies and the state ethical and professional standards. Moore was suspended without pay pending the outcome of the dismissal hearing. On September 7, 2018, the hearing officer issued findings that Moore had alerted the administration to the student’s overdose and that she had not lied during the investigation and concluded that the Board’s evidence failed to establish cause for Moore’s dismissal. The Board found that Moore failed to act in a prudent and responsible manner, failed to check on the well-being of the student, and failed to notify her colleagues in a timely fashion. The Board determined that Moore’s negligent behavior did not warrant her dismissal but issued a warning resolution, required her to attend training, and imposed a 90-day reduction in her back pay. The Illinois Supreme Court reinstated the Board’s decision. The appellate court erred when it held that section 34-85 precluded the Board from suspending a teacher without pay following a dismissal hearing; a 2011 amendment did not diminish the Board’s implied authority to issue a suspension once a determination is made that the conduct does not warrant dismissal. Sections 34- 18 and 34-85 govern different disciplinary sanctions (dismissals and suspensions) and are not in conflict. The Board articulated its findings and analysis supporting the sanctions.

Steed v. Rezin Orthopedics and Sports Medicine, S.C.

Citation: 2021 IL 125150

Opinion Date: January 22, 2021

Judge: David Overstreet

Areas of Law: Medical Malpractice, Personal Injury

On January 29, 2009, Glenn suffered a partial tear of his Achilles tendon. On February 17, Glenn sought treatment from Dr. Treacy at Rezin Orthopedics. Glenn was 42 years old and borderline obese. Dr. Treacy’s treatment plan included placing Glenn’s lower right leg in a plantar flexion position, set in a plaster cast for six weeks. Dr. Treacy memorialized his recommendation for Glenn to return for a follow-up appointment in two weeks in an invoice. Glenn required an appointment within a day or two for cast placement because he had driven himself to the appointment. Dr. Treacy directed the receptionist (Decker) to schedule a two-week follow-up appointment. Decker scheduled Glenn’s casting appointment for February 19 at another office. After Glenn’s leg was casted, the receptionist, Hare, scheduled Glenn’s follow-up appointment for March 13, more than three weeks after his initial appointment. On February 25, Glenn telephoned Rezin. The receptionist, Popplewell, rescheduled Glenn’s follow-up visit for March 12. On March 8, Glenn died of a pulmonary embolism. In a wrongful death and survival action, a jury returned a defense verdict. Glenn’s administrator appealed only the verdict in favor of Rezin. The appellate court reversed with directions to enter judgment n.o.v. in favor of the estate. The Illinois Supreme Court reinstated the verdict. The evidence supported a conclusion that Rezin’s failures did not proximately cause Glenn’s death. Glenn’s death was not a reasonably foreseeable result of Rezin's failure to schedule his follow-up appointment within two weeks of his initial appointment.