10
University Daily Kansan
Campus/Area
Wednesday, Aug. 28, 1985
Court rules in favor of Bell
United Press International
KANSAS CITY, Mo. — A state appeals court yesterday upheld a verdict that struck down a $9,272 judgment for a woman who claimed Southwestern Bell Telephone Co. discriminated against her because of a handicap.
The Missouri Court of Appeals ruled that Shirley Hodges ignored her situation, taking no steps to treat and control her obesity and high blood pressure. She therefore could not benefit from the "handicap law" that protects people from discrimination in the workplace.
Hodges, in April 1979, applied for the position of clerk/typist at Southwestern Bell and received an offer of employment, on the condition of a satisfactory "pre-placement" medical evaluation, court documents say.
Hodges checked off 12 medical conditions, saying that she most recently suffered from a weight problem, dizziness or fainting and anemia.
Southwestern Bell's medical adviser recommended that the company defer Hodges' employment until her blood pressure and weight were under control. The company informed her that it was doing so and advised Hodges to see her physician.
Court documents say Hodges sought no treatment, but filed a complaint with the Missouri Commission on Human Rights, alleging employment discrimination. The commission found she had a physical impairment, hypertension, which was treated by the employer as a disability not related to the job of a clerk/typist.
The commission, finding in favor of lodges, ordered Southwestern Bell
to pay Hodges $9,272 in back pay and to offer her the first available clerk/typist position.
Southwestern Bell sought review of the decision, and the Jackson County Circuit Court overturned the commission's finding as being unsupported by the evidence and a misapplication of the law. The commission then appealed the ruling.
Hodges claimed she did not have high blood pressure and alleged she was not hired because of "border line high blood pressure and overweight."
When questioned by a hearing officer, she said she could not remember having any dizzy spells or why she had checked that box. The other conditions she had checked, such as anemia, were unexplained at the hearing.
A gold band with a diamond, valued at $10, was stolen between 12:30 and 1 p.m. Thursday from the Chesapeake Avenue fourth floor of the Kansas Union
On the Record
Two cases of ice cream bars, a cutting board and a butcher knife were stolen Saturday afternoon from the kitchen of Pearson Hall.
Two residents of Gertrude
Sellards Pearson-Corbin Hall
reported receiving harassing
calls next Friday. police said.
A bicycle valued at $100 was stolen between Aug. 24 and Aug. 26, from a patio at 202 Lawrence Ave, police said.
A **Radar detector valued at**
$300 was stolen from a rented car
at 2245 Ohio, police said.
Currency and coins valued at $202 were stolen from a cash box at Johnson Janitorial, 735 E. 22nd St.
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15
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