Workplace Discrimination For Weight In Santa Clara
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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.
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.
Being obese, however, is not protected under any federal law; obesity is a gray area which may or may not give your employer to the right to terminate your employment.
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 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).)
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.
The California Supreme Court held that an overweight employee could qualify as a “disabled” under California's Fair Employment and Housing Act (FEHA) — and, thus, be entitled to employer accommodations and be protected from discrimination and harassment.
How to Prove Discrimination in the Workplace You have been treated unjustly based on one of your protected characteristics. You are qualified, capable and honest and performed your job satisfactorily. Discrimination has negatively affected your job. Job decisions were not objective.
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.
