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
discrimination?
1 Answer from Attorneys
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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