Size & Weight Discrimination

As of April 2023, California does not have specific laws that directly address size and weight discrimination in the workplace. Unlike protections based on race, gender, age, disability, and sexual orientation, size and weight have not been explicitly included as protected categories under federal law or the California Fair Employment and Housing Act (FEHA). However, there are circumstances under which size and weight discrimination might intersect with protections under existing laws:

Disability Discrimination

• If an employee’s weight is related to a medical condition or disability, the protections under FEHA and the Americans with Disabilities Act (ADA) could potentially apply. These laws protect employees from discrimination based on disabilities and require employers to provide reasonable accommodations unless doing so would cause undue hardship.

Harassment

• While not specifically related to size or weight, California’s strong anti-harassment laws could provide protection if the harassment is severe or pervasive enough to create a hostile work environment. This could potentially include situations where an employee is harassed due to their size or weight.

Health Condition and Genetic Information

• Discrimination based on a health condition or genetic information is prohibited under FEHA. If an employee’s weight is related to a health condition or genetic predisposition, there might be grounds for protection under this category.

Local Ordinances

• Some local jurisdictions within California might have ordinances that offer broader protections than state or federal laws, potentially including protections against discrimination based on physical appearance, size, or weight. Employees should check the laws specific to their city or county.

Legislative Changes

• Laws and protections can evolve, and there has been ongoing discussion in various jurisdictions about expanding anti-discrimination laws to include size and weight as protected categories. It’s possible that California could enact such protections in the future.

Legal Recourse

Employees who believe they have been discriminated against or harassed due to their size or weight, and that it intersects with a protected category such as disability, may seek legal advice to explore their options. They can file a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) if they believe the discrimination is related to a covered category.

Given the complexity of this issue and the potential for overlap with protected categories, individuals facing discrimination may benefit from consulting with a legal professional to understand their rights and the applicability of current laws to their specific situation.