Even though the United States has made progress in various fields, the problem of discrimination in the workplace is still quite prevalent. Among the many types is weight discrimination, where an employee is treated unfairly due to their weight. This form of bias can manifest in many ways, from recruitment to promotions.
Overweight or underweight people may already be struggling with body image issues and self-esteem problems. Experiencing weight discrimination at the workplace can worsen their mental health. If you or someone you know is being harassed because of their weight, talk to an attorney today to know your rights.
What do you mean by weight discrimination? What does it look like?
Weight discrimination is quite exactly what it sounds like. It is treating someone, whether it is an employer, co-worker, client, manager, customer, or non-employee, unfairly due to their weight.
The Americans with Disabilities Act Amendments Act (ADAAA) considers severe obesity as a disability. Some other issues that people with severe obesity may face include diabetes, heart disease, kidney disease, and other health problems.
Some examples of weight discrimination in the workplace may look like this:
- Your co-workers repeatedly make derogatory comments about your weight.
- The company’s policies prohibit employees from gaining over 15 pounds.
- Your manager casually says, “You need to shed a few founds.”
- Your supervisor expresses concerns about your performance at work due to your weight.
How do you respond to weight discrimination?
Employees facing weight discrimination should be aware of their rights. New York has anti-discrimination laws for workplaces. When addressing discrimination-related claims, keeping a detailed record of evidence is crucial.
For example, keep screenshots of texts where someone has made a rude remark. It is suggested that you maintain a diary to note down the details of the incident along with the date, time, location, names of the parties, etc.
Possible resources for obese people facing discrimination
- Filing a complaint with the EEOC: If you suspect that you have been discriminated against, filing a complaint with the Equal Employment Opportunity Commission can help. The EEOC will investigate your claim. If the mentioned parties are found to be violating a law, an appropriate will be taken.
- Pursuing a claim under the ADA: The ADA is the Americans with Disabilities Act, where an obese person with a life-threatening medical condition can be protected. If the claim is successful, you can ask your employer to provide accommodations.
- Filing a wrongful termination claim: If you believe that the basis of your termination was discrimination, you may be eligible for a wrongful termination claim.
If you are unsure whether you have a claim, you are not alone. It is not easy to navigate the complexities of the legal world. That is why it is recommended to hire an attorney.
