Is Weight Discrimination Unlawful in San Francisco?
Is weight discrimination unlawful in San Francisco employment circumstances? Yes, weight discrimination is unlawful and job applicants and employees have local and state protections. While there are no federal laws that provide specific protections against weight discrimination in employment law, San Francisco specifically has had a prohibition against weight discrimination in employment since 2000. That legislation amended the city codes to provide protections to employees in San Francisco on the basis of weight and height, with the aim of preventing overweight and short employees from facing discrimination in job applications or employment.
More recently, the California Supreme Court made clear that weight discrimination is unlawful in employment decisions throughout the state when it is related to a disability. An overweight person could be considered disabled under the state or federal law and therefore eligible for disability protections. More specifically, weight discrimination as a form of disability discrimination is unlawful under the California Fair Employment and Housing Act (FEHA), and it also may be unlawful under the federal Americans with Disabilities Act by the same reasoning. If you believe you have faced discrimination based on your weight or height, navigating these overlapping local, state, and federal laws can be complex, and you should contact our San Francisco weight discrimination lawyers.
Filing a Claim for San Francisco Weight Discrimination
Whether you have faced weight discrimination as a job applicant or an employee for a position in San Francisco, it is important to know that you do have protections and may be eligible to file a claim against the employer. Even if your job application or employment involved an employer in the Bay Area but outside San Francisco itself, you may still be able to file a claim by proving that an employer discriminated against you on the basis of a disability (being overweight) or failed to provide a reasonable accommodation on the same basis. You may also be eligible to file a claim if you have experienced harassment at work on the basis of your weight.
How should you begin the process of filing a claim? It will be important to gather as much evidence as possible and to work with an employment law attorney. Types of evidence that can be helpful in a weight discrimination claim include but are not limited to the following:
- Communications from the employer concerning your weight;
- Questions about weight during your job interview;
- Evidence of workplace harassment, such as text messages or emails from co-workers or a supervisor;
- Internal employment documents, or meeting notes, referring to job applicants’ or employees’ weight and treatment of overweight employees;
- Documentation proving a pattern of the employer’s refusal to hire or provide reasonable accommodations for overweight employees;
- Employer’s policy to assign employee roles, or customer-facing roles, based on weight or appearance; and/or
- Performance review with reference to your weight.
Contact Our San Francisco Weight Discrimination Lawyers Today
If you have experienced weight discrimination, Venardi Zurada LLP can help. Contact our experienced San Francisco weight discrimination lawyer today for more information about our services. Call us at (833) 893-6763 or contact us online to schedule a consultation.
