PAL flight attendant loses cases for being obese

[redorange]

http://www.abs-cbnnews.com/nation/10...ounded-good-sc

http://www.gadling.com/2008/11/02/fl...032x1200759647

MANILA - An obese flight steward for national flag carrier Philippine Airlines has been grounded for good by the Supreme Court after a 20-year legal battle, court records released Friday said.

In a 28-page ruling, the Supreme Court upheld an earlier decision by a lower court that found merit in the termination of Armanda Yrasuegi's contract.

The 217-pound Yrasuegi was dismissed by Philippine Airlines (PAL) after he failed to lose weight as specified under his contract in 1989.

Yrasuegi challenged the dismissal arguing that his weight had nothing to do with the airworthiness of PAL's airplanes in a legal battle that would stretch for 19 years.

He argued that his being fat was a "sickness and a physical abnormality" that was beyond his control.

But the Supreme Court noted that Yrasuegi repeatedly refused offers of medical assistance to lose weight and ignored weight checks.

It said Yrasuegi ignored suggestions to "trim down."

"Thus, his fluctuating weight indicates absence of willpower rather than an illness," the court said.

"Passenger safety goes to the core of the job of a cabin attendant. On board an aircraft, the body weight and size of a cabin attendant are important factors to consider in case of emergency.

"Aircraft have constricted cabin space, narrow aisles and exit doors," it stressed.

Yrasuegi's ideal weight should have been 166 pounds for his height of five feet, eight inches.

A 20-year legal battle between Philippine Airlines and flight steward Armanda Yrasuegi has finally ended with a Supreme Court ruling that grounds Yrasuegi for good. The airline dismissed Yrasuegi in 1989, because the 5'8 217-pound man had failed to lose weight, as required in his contract.

Yrasuegi cried discrimination, stating that his weight was a "sickness and physical abnormality" beyond his control, but this argument carried little weight when the flight attendant refused repeated offers of medical weight loss assistance. The Supreme Court upheld a lower court's ruling in favor of the airline, stating that Yrasuegi's weight "indicates absence of willpower rather than an illness."

The ruling went on to say that Yrasuegi's weight would likely keep him from performing his job efficiently, especially in the case of an emergency. According to Gadling's own flight attendant, Heather Poole, flight attendants must be able to fit through the exit door and buckle up in the jump seat, which may be difficult for a man nearly 60 pounds overweight.

The airline industry is one of the few where weight requirements aren't discrimination, but rather simply necessary. We don't know what Yrasuegi's contract with Philippine Airlines specifically required in terms of weight, but it doesn't seem that any airlines are asking their employees to have unrealistic Hollywood bodies. It also sounds like Philippine Airlines was willing to pay for its employee's weight loss program -- how many other companies would do that?

I think the company did their part but the guy was just too lazy to help himself. Besides, how can he help in an emergency if he can't even fit the aisle of the plane?

[shadow]

I think it's valid, his sheer size would really compromise the safety of the passengers in emergency, buti sana kung yun plane eh is as wide as an aircraft carrier...

[Memphis Raines]

There goes my application for flight steward

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[coiter]

i'm more concerned with the length of time it took to resolve the case than the case itself. sheesh 20 years and mukha namang pabor talaga sa PAL ang circumstances. nakastate na sa contract yung weight limit, it compromises the safety of the passengers, they made an effort na hindi tinanggap ng 'victim', ano pa ba? tapos 20 years bago maclose? yay.

or baka hindi naman it wasn't tagged as a big deal or urgent case by the court.

[Gen. Miting]

20 years at hindi pa din sya gumawa ng effort na mag-lose ng weight. boy, that is one stubborn flight steward .

ang alam ko yun iba pag nagkakaso o matatanggalan ng trabaho, hindi nakakain sa sama ng loob at depression. pero iba talaga siya hehehe

[iho250]

he's even lucky being accepted as an FA with that weight

[mbeige]

Pure discrimination. How about some elderly stewardesses that I see, can they even help in the event of a true emergency? They're not fat at all.

As long as you can provide proof that you are still capable (mentally and physically) to provide emergency evacuation procedures then you should be fine. My questions are, why the heck did it take 20 years for it to be resolved? And second, did PAL ever provide tests for the said airline crew member to ascertain his physical health? The report did not mention anything about training exercises at all.

[Monseratto]

India grounds 'fat' air hostesses

An Indian court has ruled that state-owned airline Air India has the right to prevent its air hostesses from flying for being overweight.

The Delhi high court was responding to a case filed by five air hostesses who had been grounded by the airline for being too fat to fly.

The air hostesses are expected to appeal against the decision.

The judges agreed with the airline's view that overweight crew present a safety and health hazard.

They also said that, in the highly competitive airline industry, an air hostess's physical condition and appearance played an important role in her overall personality.

Air India, whose air hostesses wear traditional Indian saris, is facing a stiff challenge from a number of private airlines with younger flight crew typically dressed in skirts or Western suits.

A few years ago, during a recruitment drive for new crew, the airline said that it would not consider applicants with acne or bad teeth.

http://news.bbc.co.uk/2/hi/south_asia/7439894.stm

[boybi]

Pure discrimination. How about some elderly stewardesses that I see, can they even help in the event of a true emergency? They're not fat at all.

As long as you can provide proof that you are still capable (mentally and physically) to provide emergency evacuation procedures then you should be fine. My questions are, why the heck did it take 20 years for it to be resolved? And second, did PAL ever provide tests for the said airline crew member to ascertain his physical health? The report did not mention anything about training exercises at all.

Baka kasi sa laki nung flight attendant e mablock nya yung emergency exit door at hindi makadaan mga passengers

[puroy]

i think, dapat talaga proportion yung weight and height ng isang FA.