Workplace Discrimination For Weight In Los Angeles
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Although there is no explicit federal law that identifies obese individuals as a protected class under the Americans with Disabilities Act (ADA), at least one state and a handful of cities across the country have passed laws prohibiting employers from discriminating against employment candidates based on weight.
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.
Legal protections in California While it does not explicitly mention weight, courts have recognized that severe obesity can qualify as a disability under the FEHA. Employers cannot treat employees less favorably because of their physical characteristics, which include obesity.
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.
In most states employees can be fired because of their weight. Michigan is the only state that has passed a law explicitly prohibiting weight-based discrimination and the Washington state Supreme Court has declared that obesity is covered under their anti-discrimination law.
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.
Fat·ism ˈfat-ˌi-zəm. : prejudice or discrimination against fat people. Never has it been more socially and professionally unacceptable to be fat in Britain … . At a time when racism, sexism and ageism have become taboo, fatism is the last acceptable prejudice. Carol Midgley, The Times (London), 16 Feb.
In most states employees can be fired because of their weight. Michigan is the only state that has passed a law explicitly prohibiting weight-based discrimination and the Washington state Supreme Court has declared that obesity is covered under their anti-discrimination law.
Thirdly, there are other legal avenues to consider when pursuing a fat-shaming lawsuit, such as defamation and intentional infliction of emotional distress. Defamation occurs when someone makes false and damaging statements about you, in this case, about your weight, in a way that harms your reputation.