Plaintiff seeks to recover damages from her employer for employment discrimination and sexual harassment. Plaintiff states in her complaint that the acts of the defendant are so outrageous that punitive damages are due up to and including attorney fees.
Workplace Discrimination For Weight In Bexar
State:
Multi-State
County:
Bexar
Control #:
US-000296
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Word;
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FAQ
Obesity discrimination is not currently afforded legal status as a protected characteristic under the Equality Act 2010 (EqA 2010). However, obesity-related conditions (eg, osteoarthritis), may be in scope where an employee is able to satisfy the legal definition of a disability under EqA 2010.
Legal protections in California Employers cannot treat employees less favorably because of their physical characteristics, which include obesity. ing to FEHA, they also must provide reasonable accommodations for employees who have disabilities, including severe obesity, unless doing so would cause undue hardship.
Receiving negative comments or “health concerns” about your weight from anyone, including health care professionals. Complimenting someone on their weight loss. Receiving poor treatment because of your size or being denied/ required to lose weight because of your size in order toreceive a medical treatment.
Even though discrimination based on weight has a negative impact on people's health and wellness, there is only one state in the U.S – Michigan – that has an anti-weight discrimination law.
While Texas does not yet have any active legislation to protect against weight discrimination, several Fifth Circuit courts have made moves in the right direction.
Weight stigma or bias generally refers to negative weight-related attitudes toward an individual with excess weight or obesity. These attitudes are often manifested by negative stereotypes (e.g., that persons with obesity are “lazy” or “lacking in willpower”), social rejection and prejudice.
Filing a Complaint The Texas Workforce Commission Civil Rights Division (TWCCRD) Employment Discrimination Inquiry Submission System (EDISS) is the method to submit your employment discrimination complaint. It provides an ample amount of space to describe how you have been discriminated against.
You can also file a complaint with the Department of Labor The DOL Wage & Hour Division can provide you with information as to what sorts of claims or complaints they accept and how their process works. They can be contacted at 866-487-9243. They also have a webpage with information that might be helpful.
The workplace is a common setting where weight bias and discrimination occur. Employees who have a higher body weight face weight-based inequities in employment including unfair hiring practices, lower wages, fewer promotions, harassment from co-workers, and unfair job termination.
Direct evidence of discrimination is usually found where an employer admits to the employee or someone else, verbally or in writing, that their intent or motive is to take an Adverse Employment Action (described above) against an employee because the employee is a member of a Protected Class.