Workplace Discrimination For Weight In San Jose
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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.
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.
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.
California's Fair Employment and Housing Act offers protections against workplace discrimination based on a wide range of categories, including physical appearance and characteristics. While it does not explicitly mention weight, courts have recognized that severe obesity can qualify as a disability under the FEHA.
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.
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.
Evidence in a discrimination case in California typically includes: emails, text messages, recordings, disciplinary forms, termination documents, or a copy of your employment contract if one exists. If you're like most Californians, you spend an inordinate amount of time at work.
Evidence takes several forms. It includes your testimony, which is the very first evidence gathered by EEOC. It also includes written materials such as evaluations, notes by your employer, letters, memos, and the like. You will be asked to provide any documents you may have that relate to your case.
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.
Compare your work, conduct and treatment to that of those outside of your protected class as much as possible. Provide proof that others of similar qualifications have been given better opportunities, projects that are more favorable and superior treatment.
