Legal Question in Employment Law in Texas

Possible employee discrimination

If an individual brings overwhelming

professional expertise and continues

to perform well above expectations

at their place of business, would it be

considered discrimination if this

employee is excluded from public

company events, ignored for client

interaction assignments (a stated

portion of the job description in both

the position advertisement, interview

and hiring phases) and experiencing

a general sense of being ''shunted

aside'' in favor of less experienced,

completely unqualifed, but younger

and thinner employees. This person

presents a professional image,

polished demeanor and appropriate

behavior, but is considerably

overweight. Does this qualify under

the legal parameters of


Asked on 5/15/07, 6:44 pm

1 Answer from Attorneys

Roger Evans Mathis & Donheiser

Re: Possible employee discrimination

There is no protection at law for discrimination based on obesity. If you are 40 or over, and you are being discriminated against based on age (not on weight) then you would have standing to assert a complaint. You would have to prove, however, that the discrimination is based on age, or on gender, or some other recognized basis.

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Answered on 5/15/07, 7:36 pm

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