Workplace Discrimination For Weight In Oakland
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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.
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.
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.
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.
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.
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.
