The Petitioner, known as Andrew O., was fired by the West Virgina casino on June 16, 2010 after violating dress code and break procedure protocols. He then filed a lawsuit for disability discrimination in circuit court.

The casino had made many efforts to accommodate his weight, including a specialized uniform and allowing him to take breaks in a different area, but he continued to violate the rules. The court ruled that because of this, and the fact that under the obesity is not an impairment per se under the West Virginia Human Rights Act.

The Petitioner was originally hired by the Mardi Gras Casino and Resort, which is owned by Racing Corporation of West Virginia, in April 2010.

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