Legal Question in Employment Law in California

Disrimination based on an employees weight

I recently attended a training seminar produced by my employer that focused on teaching leadership qualities to their employees. Among the many areas covered, ''Physical Fitness'' was a main quality that my employer appears to want in its' ''leaders''. The following is an excerpt: ''Physically fit people perform better in all areas, and physically fit leaders are better able to think, decide, and act appropriately under pressure.'' I'm overweight, and feel I've been passed over for promotions over the years. Can this thought process be used in the workplace legally?


Asked on 4/11/03, 8:32 pm

2 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Disrimination based on an employees weight

you raise a VERY valid and interesting question, and i commend you for your courage and resolve in addressing what your legal rights may be in this situation you highlighted in your question. in california, employers may not discriminate against "a protected class" of people in our society or they open themselves up to very viable lawsuits. typically such discrimination is seen toward minorities, women, and/or the handicapped. thus, the reason your question is an interesting and enlighting one is because often time "the overweight" in our society are shamelessly overlooked in defense of their rights. thus, you may have a very plausible and valuable argument to address this issue and concern of yours that you may be being overlooked for promotion based on the overall "physical fitness" philosophy of your current company. our Law Firm would take a great interest in helping you fight for your rights here, even thru representation if that is an avenue you may want to explore to "champion your case and cause" further. so, feel free to email us more detailed accounts of why you suspect you are being overlooked for promotion, along with any evidence and/or proof citations you may have, and we will try to assist you legally any way we can. warmest regards.

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Answered on 4/15/03, 3:44 pm

Re: Disrimination based on an employees weight

Discrimination based on weight is illegal only if the weight is caused by a proven medical condition. If this is the case and you have evidence that this is the reason for not being promoted, contact the Department of Fair Employment and Housing. You have 1 year since the last such act of discrimination to make the complaint.

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Answered on 4/15/03, 4:29 pm


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