So an employee might be deemed disabled if they have a BMI of 40 or more and the obesity has a real impact on their ability to participate in work.
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.
Weight is not a protected class under Title VII, however, weight can be a characteristic of a medical condition. Thus, in certain situations taking an adverse job action against an employee based on his or weight (too heavy or too thin) can be a violation of the ADA.
For example, a person with obesity who is qualified for a job but is not hired for the position because of his or her weight may have been the victim of weight discrimination.
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.
These are all examples of what we call weight bias. The negative attitudes and judgments (conscious or subconscious) toward individuals who are overweight or obese. These beliefs all too often lead to discriminatory practices. Talk about an excellent way to undermine the struggles that these people are going through.
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.
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.
How to Prove Discrimination in the Workplace You have been treated unjustly based on one of your protected characteristics. You are qualified, capable and honest and performed your job satisfactorily. Discrimination has negatively affected your job. Job decisions were not objective.