...where plus-size women find fashion, lifestyle and love tips.

Workplace Weight Discrimination

Statistics show that about one-third of Americans are obese. This is defined as having a body mass index (BMI) of 30 or higher. BMI is based on weight and height. For example, someone who is 5’9″ would have to weigh at least 203 lbs. to qualify as obese. No federal law protects employees from discrimination based on obesity or weight, per se. Michigan is the only state, along with a handful of local governments, that provide protection for the obese in the workplace. However, the Americans with Disabilities Act (ADA) may protect the obese from discrimination, in some cases, as well.

 

 

Weight discrimination, also referred to as “size discrimination”, occurs when someone is treated differently because of his or her weight. The primary federal anti discrimination law , Title VII, doesn’t include obesity as a protected characteristic. That means it doesn’t prohibit employers from discriminating based on weight.

 Michigan, however, has outlawed employment discrimination based on weight, as well as some cities and local areas, which include San Francisco and the District of Columbia. If you work in a place that has such a law, you’ll have a better chance that an employer won’t make job decisions based on your weight.

Sadly, the workplace isn’t the only area of weight discrimination. It happens often in the dating world, too. There are, however, some bbw dating sites that are geared towards helping overweight people find good matches with other overweight people, or with people who are more interested in the “person” rather than their “size”. There are exclusive bbw dating sites out there now so there are more to choose from.

The Equal Employment Opportunity Commission (EEOC) has found that obesity might qualify as a disability, at least in some circumstances. Some of those circumstances are as follows:

If an employee or applicant has an underlying impairment, such as diabetes that resulted in obesity, the employee may be protected. The employee, however, would have to prove that he or she had a disability as defined by the ADA. In other words, the employee would have to show not only that he or she has such an impairment, but also that it substantially limits a major life activity or major bodily function that affected their work performance.

The EEOC has said that “severe” obesity, defined as a weight that is more than twice the norm, is in itself an impairment that could be regarded as a disability. Again, the employee would have to show that it substantially limits a major life activity or major bodily function affecting their performance or ability to complete tasks satisfactorily.

If an employer incorrectly regards an employee as having a disability due to the employee’s obesity, that employee would, therefore, be protected by the ADA. In other words, even if the employee’s condition didn’t substantially limit a major life activity or prevent the employee from doing his or her job efficiently, the employee would be protected from discrimination by an employer who makes these incorrect assumptions due to the employee’s obesity.

 

Obesity statistics vary widely by race and gender. For example, statistics from the Centers for Disease Control have shown that African Americans have a much higher rate of obesity than non-Latino, white Americans. An employer’s policy of refusing to hire obese applicants could affect the non-hiring in disproportionate numbers of African Americans, and could be interpreted as racially discriminatory, under a disparate impact theory.

Obesity statistics vary widely by race and gender. For example, statistics from the Centers for Disease Control have shown that African Americans have a much higher rate of obesity than non-Latino, white Americans. An employer’s policy of refusing to hire obese applicants could affect the non-hiring in disproportionate numbers of African Americans, and could be interpreted as racially discriminatory, under a disparate impact theory.

On a good note, bbw dating sites offer mingling with other overweight people who share similar experiences, likes, and dislikes. Joining this type of bbw dating service can be helpful in that others may be facing similar workplace situations and, therefore, joining forces, so to speak, can help with gaining confidence in moving forward.

If you were fired from your job, you might be wondering whether your employer acted legally or not. If you feel you were fired unfairly, you may have a claim for wrongful termination. In this case, you need to learn and understand your rights quickly. You can find links to local wrongful termination lawyers who can help you evaluate your case and decide the best strategy that best protects your rights.

If you’ve recently lost your job, you may also be eligible for unemployment benefits. Unemployment benefits are available to those who are out of work temporarily, through no fault of their own. Depending on your particular state’s rules, partial unemployment benefits may also be available to those who have had their hours cut, lost a part-time job, or find themselves working fewer hours than they want or need.

If you’re faced with not being able to work for long periods of time, it may be useful to check out bbw dating and spend some of that time with others who are experiencing down time, as well. It’s always helpful to talk to people who have been where you are and, hopefully, get some advice or suggestions that may help with your situation.

 

Many of the details regarding unemployment benefits are determined by state law. Applicants in every state, however, will be eligible for benefits only if they have some recent work history. It varies from state to state regarding how much work is measured, and the work that must have been done.

If you believe you have been denied a job or discriminated against because of your weight, you should consider consulting with an experienced employment lawyer. An unemployment lawyer can help you better assess the situation and figure out whether any legal protections apply.

If you believe you have been harassed or discriminated against at work, your best strategy, again, is to talk to an experienced employment lawyer as soon as possible. A lawyer can review the facts of your situation and determine how strong your claim is. If you decide to take action, a lawyer can help you negotiate a settlement with your employer, file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), and file a lawsuit.

If you decide to file a lawsuit against your employer for any type of discriminating against you, which would be in violation of federal law, you must first file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC), which is the federal agency that interprets and enforces the laws prohibiting discrimination.

You can review the website of the federal EEOC that provides information on discrimination and harassment laws, as well as how to file a charge of discrimination, and much more. You can also a bbw dating website and meet other people who may be faced with the same situations that you’re facing. It’s always nice to feel like you’re not alone!

One Response to Workplace Weight Discrimination

Leave a reply