Increasing economic and unemployment challenges nationwide may be causing a parallel increase of workplace discrimination concerns, complaints, and experiences, especially among historically disenfranchised groups.
More individuals are feeling that workforce reductions and layoffs imposed by the tough economy provide employers convenient excuses to get rid of workers they’d already considered to be less desirable than the rest of their workforce.
Many individuals with weight challenges or considered obese feel they are the victims of workplace discrimination based on their weight.
The traditionally disenfranchised worker groups have included females, ethnic minorities, older persons, etc.
However, long discriminated against, but not talked about as frequently, are those considered to be overweight, less attractive, etc.
Overweight individuals are increasingly concerned that they are among the last hired and first to be dismissed in layoffs or workforce reductions primarily because of their weight even though their work product or performance is better than their thinner counterparts.
Current federal discrimination laws do not specifically provide protections against weight discrimination per se—-tieuseAseseesuesheseasensetsecsewesesre. But those who feel they have been the victim of such discrimination do not necessarily have to lose hope. While not a protected status under current federal, state or local law, workers with weight discrimination complaints may still be able to pursue legal advocacy under existing law.
As usual, it is generally best to consult an advocate that can evaluate individual circumstances on a case by case basis.
Current federal and state laws prohibit discrimination based on race, age, sex/gender, religion, national origin or disability. In general, as with weight/obesity, sexual orientation may not currently be considered a protected status either.
However, there are times that the harassment and otherwise improper or unfair treatment of individuals belonging to these groups is so apparent and/or egregious that it can be shown that weight or orientation standards are discriminately applied to the different legally protected classes resulting in adverse impact that can be the basis of a lawsuit.
In addition to Title VII of the Civil Rights Act of 1964 (disability claims), other laws to consider for pursuit of employment rights may be The Americans with Disabilities Act of 1990 (ADA) and The Rehabilitation Act of 1973 (for claims of discrimination based on handicaps). Local ordinances should also be reviewed as some may specifically name weight, sexual orientation, marital status, physical and other characteristics as protected classes.
There have been cases where EEOC (Equal Employment Opportunities Commission) have asserted obesity as a protected disability. Other cases prevailed by showing weight as a physical handicap or medical condition. Michigan may be the only state currently that provides anti-discrimination protections based on height and weight. While more than 90% of disability cases may be decided in favor of the employer, there is always a chance for extensions of case law, increased lobbying for changes, improvements, and additions to current laws, etc., as well as analyzing the facts of your case for opportunities to determine how advocacy can be pursued under current existing laws.
As with any other legal advocacy needed or considered, comprehensively document all treatment considered biased, discriminatory, bullying, or otherwise improper. Compile a file of any and all information that will assist in determining which anti-discrimination or advocacy laws may be helpful, as well as what additional legal causes of action or allegations can be made against the employer.
We welcome your comments and questions. Please e-mail or write us at the Houston Sun. This information is provided for general purposes only and should not be relied on as legal advice nor considered a solicitation to provide legal advice. For legal advice, see the lawyer of your choice.
Keryl—-BerylMerylBeryl Burgess Douglas finished Law School Summa—-Sum ma cum laude—-ClaudelauderlaudedladelaudMaudelaudslaud e as #5 out of her class of 202. She has one son, James Matthew Douglas II, and practices law in Houston, Texas.