Law Offices of Louis Spitters

New concerns about employment discrimination regarding obesity

It can be hard in today's job market to find a job and an employer that is a good fit and provides the opportunity for a worker to make a living. Sometimes when a worker is possibly denied an opportunity, an employer may be guilty of employment discrimination. If a worker believes that they have been denied a position or fired from one without just cause then they may seek to file a complaint against the company. Some workers in California and elsewhere may have a new regulation in place soon that could help them.

The number of people who have been classified as either overweight or obese has been reported to have increased by twice in the last fifteen years. The medical community have now made the decision to regard overweight patients as having a medical disease, which may cause the disability act in America to be changed to reflect this decision. If an overweight employee is denied certain accommodations or is possibly fired from a job, then that could possibly lead to the worker being allowed to lodge a complaint against the employer or company.

For many years there has seemed to be a tendency for companies to hire only what they believe to be comely and slender employees. If this amendment would be put in place then it could safe guard overweight workers rights, requiring employers to treat all employees and applicants the same regardless of size or appearance. There has been a situation recently where a terminated worker believed that he was fired because of his weight in spite of the fact that he was able to carry out his job requirements. The employer was fined and ordered to train their employees about procedures that protect workers from discrimination.

Most employers work to ensure that workers are treated fairly regardless of disabilities, including weight. However in many states, including California, there are employers and companies that may not treat potentially disabled workers fairly. All employees have the right to work in an equal workplace. Any worker who believes that they have been a victim of employment discrimination may seek to file a complaint against that company.

Source:, "Obesity's new label a concern for employers," Diane Stafford, July 23, 2013

Email us for response

Contact Our Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Law Offices of Louis Spitters
96 North 3rd Street
Suite 500
San Jose, CA 95112

Phone: 408-780-1920
Phone: 408-293-0463
Fax: 408-293-9514
Map & Directions