Plaintiff seeks to recover damages from her employer for employment discrimination and sexual harassment. Plaintiff states in her complaint that the acts of the defendant are so outrageous that punitive damages are due up to and including attorney fees.
Workplace Discrimination For Weight In Texas
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US-000296
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Fat·ism ˈfat-ˌi-zəm. : prejudice or discrimination against fat people. Never has it been more socially and professionally unacceptable to be fat in Britain … . At a time when racism, sexism and ageism have become taboo, fatism is the last acceptable prejudice. Carol Midgley, The Times (London), 16 Feb.
The workplace is a common setting where weight bias and discrimination occur. Employees who have a higher body weight face weight-based inequities in employment including unfair hiring practices, lower wages, fewer promotions, harassment from co-workers, and unfair job termination.
Receiving negative comments or “health concerns” about your weight from anyone, including health care professionals. Complimenting someone on their weight loss. Receiving poor treatment because of your size or being denied/ required to lose weight because of your size in order toreceive a medical treatment.
In most states employees can be fired because of their weight. Michigan is the only state that has passed a law explicitly prohibiting weight-based discrimination and the Washington state Supreme Court has declared that obesity is covered under their anti-discrimination law.
While Texas does not yet have any active legislation to protect against weight discrimination, several Fifth Circuit courts have made moves in the right direction.
Although there is no explicit federal law that identifies obese individuals as a protected class under the Americans with Disabilities Act (ADA), at least one state and a handful of cities across the country have passed laws prohibiting employers from discriminating against employment candidates based on weight.
Weight stigma or bias generally refers to negative weight-related attitudes toward an individual with excess weight or obesity. These attitudes are often manifested by negative stereotypes (e.g., that persons with obesity are “lazy” or “lacking in willpower”), social rejection and prejudice.
While Texas does not yet have any active legislation to protect against weight discrimination, several Fifth Circuit courts have made moves in the right direction.
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Employment discrimination generally exists where an employer treats an applicant or employee less favorably merely because of a person's protected class. Obese people might be protected against discrimination in Texas.Employers may want to ensure all antidiscrimination training notes that obesity is a potential disability that may need to be accommodated. In some Texas companies, weight biases and discrimination continue to persist. The law forbids discrimination in every aspect of employment. If you are experiencing weightbased harassment or discrimination in the workplace, attorney Dan A. Atkerson can help you consider your legal options. In May 2023, the New York City Council approved a bill to prohibit employment discrimination on the basis of height or weight. New York City became the largest city in the nation to ban discrimination on the basis of height or weight when it comes to employment decisions. Texas employment law prohibits discrimination based on certain protected categories. Harassment in the workplace is also a type of discrimination.