Legal Question in Employment Law in California

I work for a garbage company. I am a yard worker. There is truck driving positions as well. A driving position came available. When I asked my biss for the position he said no then said it was do to my weight. He then said I'm not going to let you in a truck and have u blow out yoyr knee and be on workmans compisation. I have wached countless employees over the past7 years be promoted over me while I stay in the same position. Is this descrimination and could I pursue this legally


Asked on 5/22/11, 7:32 am

1 Answer from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Hello,

Generally, treating employees differently because of their obesity is not considered discrimination and is not illegal unless obesity is either caused by a disability or creates a certain disability, which is a true reason for being treated differently. It doesn't sound like this applies to you based on what you described.

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

http://www.arkadylaw.com

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Answered on 5/22/11, 8:23 am


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