Here is how you may be able to prove that you have been discriminated against on the basis of your weight.
According to the American Medical Association, obesity is a disease. While being overweight might not always be considered a disability under the Americans with Disabilities (ADA), in some situations, if a person is deemed disabled under the ADA, he or she may be able to file a claim for illegal weight discrimination against an employer.
Under federal law, workplace discrimination is only prohibited if a person is treated unfavorably due to his or her race, skin color, national origin, gender, disability, religion, or age. According to a knowledgeable employment attorney, this means that unless discrimination is targeted at one of these protected classes, it is not illegal. Some states, including California, have greater protections, including for sexual orientation and gender identity.
To prove a weight discrimination case, the first and most important factor that you must prove is that you have a disability. Although obesity is considered a disease, your weight will not be deemed a disability unless you can show that it significantly limits or restricts a major life activity. This may include hearing, lifting, seeing, speaking, walking, standing, breathing, performing manual tasks, caring for yourself, thinking, learning, or working.
In addition, you must be regarded as disabled or having a history of disability. Even if you cannot prove that you are substantially limited in a major life activity, if your employer regards you as disabled, you may be covered. Similarly, if you used to be overweight and lost weight, but your employer discriminates against you based on your history of obesity, that may also qualify.
Next, your employer must be covered. The ADA only covers employers with 15 or more employees. If your employer has fewer than 15 employees, state or local ordinances may provide a method for filing a claim.
As an employment attorney can explain, you will also need to provide some direct evidence of discrimination. This may include comments about your weight, or a derogatory nickname. It may also include being terminated or denied a promotion.
You may also be asked to provide information that you were treated differently based on your weight. For example, if your boss regularly asks your co-workers to attend business lunches but you are never asked, that may be evidence of different treatment. If your obese colleagues are treated similarly to you, that could be evidence of weight discrimination as well.
Harassment may also be common in weight discrimination cases. For example, if you are mocked or excluded by your supervisors or coworkers, that may be considered harassment. Be sure to report this behavior to human resources under the appropriate company policy, giving them the opportunity to correct the behavior.
Finally, for lawsuits based on disability discrimination, your employer must be given an opportunity to give you reasonable accommodations, such as a sturdier chair or a wider desk. Unless it would be an undue hardship to accommodate you, your employer must grant the accommodation.
If you believe that your employer has discriminated against you on the basis of weight, it is important that you contact an experienced employment attorney as soon as possible. There are strict filing deadlines for making a legal claim, and a seasoned lawyer will be able to assess your claim and decide how to proceed.
At PLBH, we have more than 50 years of experience helping employees seek justice. Contact our office today at (800) 435-7542 or info@plblaw.com to schedule a consultation or learn more about how we can help if you have been subjected to weight discrimination or any other type of discrimination.