Monthly Archives: February 2014

Disability Discrimination Based on Weight: How Can an Employee Prove It

Disciminated because of Obesity

Last year, the American Medical Association (AMA) announced that obesity, which is a medical condition characterized by excess body fat which may cause adverse effects to a person’s health, is considered a disease. This declaration created an impact on the debate on whether or not employees and applicants who are overweight are protected under anti-discrimination laws, particularly the Americans with Disabilities Act (ADA).

Prior to the announcement, obesity is only considered a disability if it is the result of an underlying health condition such as diabetes. Other than that, it was considered a lifestyle choice. But thanks to efforts of the Equal Employment Opportunity Commission (EEOC) and the federal courts in expanding the legal definition of obesity, employees and applicants who have been discriminated or harassed in the workplace just because they are overweight can now establish that their condition is not because of an underlying condition. Obesity, as it is, should effectively limit a person to perform one or more major life activities such as walking, bending, standing, and the like.

That, together with the AMA’s announcement regarding obesity as a disease, made it more reasonable for aggrieved employees and applicants to file weight discrimination lawsuits against their employers. But how should one prove that he or she is discriminated against or harassed in employment just because of his or her weight? Here are some of the ways to do so:

  • The employee must prove that he or she has a disability. Like what was pointed out above, his or her obesity should limit or restrict him or her from performing one or more major life activities.
  • To make sure that the employee has the right to sue, his or her employer must be covered by the ADA, which means it employs at least 15 employees.
  • The employee must be regarded as disabled, or has had a history of obesity. Being called names related to obesity, even if the employee is not actually obese, can be grounds for a lawsuit. Also, someone who had lost weight is also covered by the laws if he or she is discriminated against because of his or her history of the disability.
  • A discrimination lawsuit can be filed against the employer if the aggrieved employee has direct evidence of such, which usually include comments about his or her weight. He or she can also do so if he or she was differently treated than his or her other non-obese co-workers under the same circumstances.
  • He or she was not given reasonable accommodations in order for him or her to perform the essential functions of his or her job. Unless the employer can show that doing so would be an undue hardship, the employee can still sue his or her employer.

The ADA is enforced by the EEOC; as such, the employee can file a charge of discrimination with the federal agency. It is usually required before one can sue. Meanwhile, if you have been subjected to weight discrimination or harassment in the workplace, you may consult with a Los Angeles discrimination attorney for you to know your rights.

to learn more about Weight Discrimination Laws, Rulings, Attorneys visit: http://www.cswd.org/docs/legalaction.html

 

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Top Reasons Why Your Job Application Isn’t Successful

Discrimination during job interview

Why is it that a lot of job seekers don’t get the job that they applied for? They may be aggressive and focused when it comes to looking up postings of job openings, but after interviews, some of them don’t get much success. It is often said that an applicant is likely to not land a job if he or she is told that the interviewer or employer will call him or her back. To begin with, an applicant can’t always expect a feedback from the company he or she applied for, especially after he or she underwent a set of interviews. This is because a lot of employers don’t want themselves to face lawsuits filed by applicants who were not hired.

If you are one of the millions of job seekers around the U.S. who can’t seem to catch a break, you might be wondering what went wrong. As such, here are some of the top reasons why you can’t find success during job applications:

Job recruiters may not consider hiring you if your application documents are filled with grammatical or spelling errors. They are considered red flags, especially if you are applying for a job that requires writing content, letters, or any form of correspondence. Next time you go job hunting, check your résumé (read more), cover letter, and other important documents for errors. Better yet, have a friend of yours look them up.

  • It is a common problem for a lot of employers to screen employees who are either overqualified or unqualified. You may think that you can perform the duties indicated in the job posting, but don’t expect employers would immediately accept you.
  • Make sure that you express flexibility on everything in order to meet your prospective employer’s expectations. Recruiters already sense a red flag in your chances of getting hired if you are too demanding.
  • You are not hired during your last application because your actions during the interview show disinterest. Your overall personality during one-on-one or panel interviews also matters, since most recruiters also evaluated applicants based on their enthusiasm in answering certain interview questions.
  • One of the most typical reasons why you applicants are not successful in their job application/s is because of saying something inappropriate during the interview. You might have told the interviewer that the reason you left your former company or employer is because one of your bosses is a jerk. You might also have bad-mouthed a former colleague. Worse, you may also have uttered a word in a language that is unprofessional. Even if the interview stage is free-flowing and informal, always maintain professional approach.

Taking note of those enumerated above should serve as a guide in your next interviews. That way, you may have an increased chance of acing an interview and, hopefully, land the job you’ve wanted for the longest time. Meanwhile, always remember that as an applicant, you still have rights, just like employees. You must know that you are not accepted for a job opening because of your race, sex, disability, or any other protected characteristic even if you know you are qualified, you are entitled to file a discrimination complaint against the employer.

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