Weight Discrimination in the Workplace
The effects of weight discrimination in the workplace can be highly devastating to an individual. Commonly, the productivity of the affected employee will decline significantly due to lack of motivation, anxiety and absenteeism. Moreover, the negative environment can lead to depression and related poor health effects. Therefore, it is critical to recognize this form of workplace discrimination and respond with legal action to prevent the continuation of this poor work culture.
Understanding Weight Discrimination
Weight discrimination is essentially the unequal treatment of individuals because of their weight. Generally, in this type of workplace situation, unfair behavior or actions are directed to an obese person with no justifiable cause. An obese person is anyone with a body mass index of 30 and above. Unfortunately, weight is not one of the protected parameters related to workplace discrimination in California and other parts of the country. Only a few places such as Michigan and some local governments have provided legislation to curb this issue.
Disability Discrimination
While there are no explicit laws in California that protect against weight discrimination in the workplace, the ADA legislation is ideal for combating the bias. In simple terms, the Americans with Disabilities Act has been proven critical in some cases to serve employees with obesity. Obesity can be considered a disability where the weight is either the cause or a symptom of a larger medical issue. For example, diabetes, eating disorders, thyroid dysfunction and hormone problems are disabilities which are often associated with obesity.
Therefore, a lawsuit can be launched against the offending employer based on the evident disability discrimination. If an employee is able to prove that the obesity is as a result of an underlying physiological problem, the Act might protect them against the injustice. The EEOC has also recognized that severe obesity can be considered a disability if the condition limits or impairs an individual with regard to normal activities. Additionally, if an employer has perceived the obesity in his own judgement as a disability, the wronged party will be protected by the ADA.
When to Act
If you have been facing discrimination at your place of work or even been denied a position due to your weight, you should consider seeking legal counsel from United Employees Law Group. The lawyers will help you figure out whether you are protected by the legal provisions in the ADA. In addition, the weight discrimination at the workplace may overlap with other protected parameters such as race or gender, ensuring that the justice you need is served.
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