Workplace Discrimination For Weight In San Bernardino
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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.
Unfortunately, shaming, blaming, and “concern trolling” happen everywhere – at work, school, in the home, and even at the doctor's office. Sadly, weight discrimination occurs more frequently than gender or age discrimination. Weight bias was cited as the fourth most common form of discrimination among US adults.
Obesity can qualify as a physical disability under the Fair Employment and Housing Act. Under FEHA, it is unlawful to discriminate against an employee on the basis of “physical disability.” (Gov. Code, § 12940, subd. (a).)
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.
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.
Weight-based harassment and discrimination are real—and getting worse. Listening to employees is a good start to addressing it. When confronting weight-based bias and harassment in the workplace, there's no shortage of personal testimonies.
Can you fire someone for being overweight? The answer is yes, if it constitutes a safety risk. Employers who are worried that their employees weight is becoming a problem, need to address the issue before injury occurs.
