Workplace Discrimination For Weight In San Antonio
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FAQ
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.
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.
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.
Severe or morbid obesity is a disability. Morbid obesity substantially limits the person's ability to walk, stand, kneel, stoop and breathe. These are all “major life activities” under the ADA and ADAAA.
Older adults face more subtle forms of weight stigma in their daily environment. For example, in many doctor's offices, examination tables and gowns do not accommodate people of larger size. This is also true on many commercial airplanes, where seats will not fit an individual who carries significant excess weight.
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.
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.
