NYC Weight Discrimination Lawyers

Under New York’s Human Rights Law (NYHRL) employers are prohibited from discrimination based on “disability.” A disability under the law is a “physical, mental, or medical impairment” and in the employment context, discrimination is prohibited only if “upon the provision of reasonable accommodations,” the employee can perform the job at issue “in a reasonable manner.” If you feel you are being treated unfairly due to your weight it’s best to speak with a New York employment lawyer as soon as possible.

Despite the many physical issues that accompany being overweight or obese, neither is in and of itself considered a disability. New York’s highest court in Delta Air Lines v. New York State Division of Human Rights expressly held that being overweight alone is a disability. The case made clear that whether being overweight or obese is a disability is determined on a case by case basis.

The court pointed to an earlier case, New York State Division of Human Rights v. Xerox, as the type of case where being overweight/obese could legitimately be declared a disability. At Xerox, a prospective employee was denied employment as a systems analyst because her medical examination found that she was “obese.” The court found this to be unlawful discrimination, noting that the employer had no right to deny the prospective employee employment simply because of “a possibly treatable condition of excessive weight.”

Additionally, since that case was decided in 1997, the American Medical Association has defined obesity as a disease. The growing weight problem in the United States is frequently referred to as an “epidemic,” a term that means widespread disease. In short, there is a trend towards recognizing obesity as a disease or disability and a growing recognition that, like other disabilities, it isn’t always easily cured by “self-control” or “diet and exercise.” This trend is likely to prove favorable for those seeking protection from employment discrimination on the grounds of obesity.