Monthly Archives: October 2011

Can I be fired for being fat? Is obesity a ‘disability’ in California?

Let’s be honest, obesity is an epidemic. According to California Health and Human Services, approximately three in five adults are overweight or obese in California. Although recent trends suggest leveling growth rates of obesity in the state, overall obesity rates remain extremely high.

Not surprisingly, some bosses view their obese employees as limited, incapable, slow, unhealthy, or expendable. More likely than not, an obese employee is granted fewer mistakes, fewer promotions, and fewer raises than a skinny employee. It is not uncommon for someone to get fired explicitly because of their weight.

There is no law in California that states that an employer cannot fire or discriminate against an employee because of their weight. However, there is law in CA that states than an employer cannot discriminate against an employee because of a disability.  That begs the question — is obesity a disability?

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Filed under ADA, Disability Discrimination, Disabling Injury and Illness, FEHA – Fair Employment & Housing Act

I just got fired! I think it’s because I’m disabled…. Is that legal?

Discrimination is subtle. It’s never goes like: “We’re terminating your position because you can’t walk/have diabetes/have cancer/can’t hear….” No, no, no. Even stupid bosses usually aren’t that stupid.

It usually goes like this: “We’re letting you go.” That’s it.  Smart employers don’t give you a reason, they just fire. But it gets interesting when someone gets fired two months after being diagnosed with cancer, or after breaking major bones on their hand, after telling their boss that they’re depressed, get a serious back injury, or after major surgery.

The law in California prohibits disability discrimination. But what happens when you are fired, demoted, or refused a promotion for reasons seemingly unrelated to your disability? Do you just suck it up and try to find a new job? Well, yes, you should try to find a new job; but no, you shouldn’t put your tail between your legs and let your boss do that, especially if you suspect you were fired because of your disability.

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Filed under Disability Discrimination, FEHA – Fair Employment & Housing Act