Is Height over 6’5″ a Disability?
posted by Frank Pasquale
I’m happy to see that some airlines and hotels are trying to help the “tall traveler:”
[T]he bigger seat pitches in domestic economy class — 34 to 36 inches — are on United, JetBlue, Delta Air Lines’ McDonnell Douglas MD-88 shuttle, Air Canada and Westjet. Since a seat pitch of only 29 to 30 inches is found in most airlines’ economy class, this is no small potatoes.
Recently, JetBlue reconfigured its planes to sell seats with 38 inches of seat pitch in six rows on its A320 fleet and the emergency exit row in its Embraer 190 planes for an extra $10 or more. (JetBlue’s other seats with up to 36 inches of seat pitch in certain rows, have no extra fee.)
Could extreme height ever be deemed a disability under the ADA? There is some hope from the obesity case law:
In a 1993 case arising out of Rhode Island, for example, the federal court concluded that, although simple obesity probably would not qualify, morbid obesity caused by a physiological disorder would be a disability entitling the plaintiff to ADA protection. The court’s finding was premised on the fact that the disorder was permanent, and that the claimant’s weight gain was not meaningfully voluntary. A 1997 decision of the federal district court in New York agreed that morbid obesity could be a qualifying disability, although it denied the plaintiff’s claim because she could not demonstrate that her obesity substantially limited her ability to work.
Apparently the EEOC has said that “only morbid obesity, defined as weighing 100 pounds or more over ideal weight, can be an impairment shielded from bias.” From a statistical perspective, my sense is that height over 6’5″ is at least 2 standard deviations from the mean of height. . . I wonder if that’s more or less SDs than 100 pounds over ideal weight? It’s not my area of law, but I have to admit a bit of a personal interest in seeing more accommodation of the tall.
Hat tip: Law & Letters.
May 16, 2008 at 9:16 pm
Posted in: Civil Rights
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Responses (10)
Joseph Slater - May 17, 2008 at 10:55 am
To be a disability under ADA, plaintiff would have to show that the condition interferes with one or more “major life functions.” I’m not sure that being put in some discomfort while riding on airplanes would qualify. I don’t mean to trivialize the issue, but courts have been pretty strict as to what qualifies as a “disability.” And in this regard, I think height is distinguishable from morbid obesity.
Frank - May 17, 2008 at 1:18 pm
I was afraid of that! But it would seem like there must be at least some level of height that would be as bad as morbic obesity.
It does seem like a situation some regulation should address–it would seem a pretty simple matter to require provision of at least a few seats for the extra-tall each flight–with the airline having the right to charge more to the extent these seats reduce capacity on the plane.
David - May 19, 2008 at 12:44 pm
Airlines appear to be exempt from the ADA anyway, even as to obese customers.
From Southwest’s website: http://www.southwest.com/travel_center/cos_qa.html
Interstate airline travel is specifically excluded from Title II of the Americans with Disabilities Act (ADA) by Section 12141(2). Airline travel is instead covered by the Air Carrier Access Act, 49 U.S.C. 1374(c) and the regulations implementing the Act issued by the Department of Transportation as 14 CFR Part 382, et seq. The Air Carrier Access Act (ACAA) preceded the ADA, and Congress excluded air carriers and other air transportation services from the scope of ADA. As regulated under 14 CFR §382.38 Seating accommodations (i) “Carriers are not required to furnish more than one seat per ticket or to provide a seat in a class of service other than the one the passenger has purchased.”
Dan - May 20, 2008 at 7:04 am
First I think that it’s an absolute waste for the government to be stepping in and regulating in situations where people should be dealing with them on their own. However, I would attempt to make the case (I am 5’10″ so not in that category), that extreme height is more of a disability than obesity. If you are obese and can’t fit in an airplane seat, then you need to start losing weight. Unless you have a thyroid problem, it’s your eating too much/not exercising problem that you need to deal with. Someone who is 6’10″ didn’t chose to be that height, it was completely out of their hands.
Peter - May 22, 2008 at 1:28 pm
Well, I suppose arguably it impairs a “major life function” if, for example, it has an effect on mobility besides in the airplane. As a hypothetical, consider the case of someone who is not only quite tall but also has very large feet, and is constantly bidden by his family to carry heavy boxes up and down a long and narrow staircase – which could lead to a trip, breaking of bones, reduced ability to perform speedily on law school exams . . .
Julie - July 23, 2009 at 6:08 pm
Of course height above 6″5″ is a disability. My husband is 6’6″ and has suffered international travel for years, leading to numerous visits to the chiropractor. Things are even worse though for my twin sons who are 6’8″. They are headed off to college this fall, and we’ve just viewed the dorms and bathrooms at UCSC’s Merrill college where one will be attending. Although the main ceiling height in the bathroom is probably to code, the shower stall and toilet cubicle ceilings are so low that my son will not be able to stand up to use the toilet or take a shower. If that’s not proof that tall folk have to deal with a disability, I’d like to know what is.
Trevor - August 16, 2009 at 12:34 pm
there is more to height as a disability that comfort. i am around 6’5 and already i have trouble sleeping in beds, finding clothing and shoes. Being tall sucks trust me
Zach - January 12, 2010 at 8:48 pm
I am 6’7″ tall and I just came back from my chemistry lab at which I had to write standing up on a counter top no more than 4′ off the ground. In addition, I used to deal cards for a living during which I was forced to bend over a table 4’6″ tall for hours at a time. It is my opinion that I will suffer chronic back problems due to my height simply because extreme height is not recognized as a true disability. Moreover, the implementation of legislation protecting people of extreme height would drastically reduce this health problem. If there is any group out there fighting for this cause, by any measure, please respond so I can join.
Andy - January 17, 2010 at 10:04 pm
I have to chime in on this also. I am 6’8″ with a 38″ inseam and a size 14 foot and am required by my job to travel all the time. Lets not look at “discomfort” as an issue, but instead lets look at safety and long term injury possibilities from trying to function in a world made for the average height. Safety for example, how about a car, or even an airplane seat. If we were involved in a crash we would have more leg injuries. In a car I normally find myself with the seat all the way back still having my knees plastered into the dash which leaves no room for forward motion in a crash, only broken bones and distroyed knees. How about an airplane crash? I cannot “assume the crash postition” leaving my head and shoulders above the seat back top line so I am more prone to have head and crushing injuries in that case. Often with my knees firmly planted in the back of the seat in front of me I am modestly injured when the passenger in front of me reclines their seat back onto my trapped knees causing brusing and pain. How about Deep Vein Thrombosis risks being increased due to our inability for freedom of movement, compounded by the normal low blood pressure in the long extremities. Airline seat backs are curved to fit an average back, I have no support and often have back pain after a modest flight. In an isle seat (Isn’t that where everyone seems to think tall folks should sit in a aircraft?) you still can not put your legs into the aisle without creating a safety hazard to other passengers or creating an issue with the in-flight crew doing their job wheeling carts up and down the aisles. The list goes on and on and we didn’t eve talk about the head bangs and bumps over the years. Have you ever broken an exposed 100 watt incandescent light bulb out with YOUR head? Let’s see.. we have the initial cut, followd by the burn, topped off with an electric shock.
Other issues with the world include the inability to find properly sized clothes. Constant stooping for low ceilings. Shower heads in hotels that come to my belly button. Beds to short to get a reasonable nights comfortable and restful sleep. I cannot even get into many cars as a driver.
will - January 30, 2011 at 2:06 am
i’m 6’6, with a size 15 shoe. and it’s extremely difficult to own a bed that’s the right length, find shoes that i like, and pants that fit correctly and that don’t make me look like a tool. i’m 21 years old and being so tall makes everything more difficult. i have to judge what car to buy based on whether or not i fit in it. i was on a 4 hour flight, just four hours once and it was unbearable, my back was killing me and my knees were digging into the seat in front of me. let’s not forget when i take the train anywhere. and just on a basic level i hit my head on shit CONSTANTLY. and this summer i was finally denied access on my favorite roller coaster at six flags because of the APPARENT POSSIBILITY OF DECAPITATION for people over a certain height. i’m not sure how true that is but the people at the park weren’t taking any chances.
being tall sucks. a little help would be nice, i’m not asking for stipend, or a special parking spot, but just a couple stores that aren’t shitty, and some fucking knee room.
is that so much to ask?
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