Many of our Colorado readers have probably heard this much-discussed news topic: America has an obesity problem. Some even throw around the term "epidemic" to describe the issue. While there is no denying that there a certainly millions of Americans who battle with weight issues, there is constant debate on what causes the problem. Do Americans eat too much? Are our portions too big at meals? Are we unknowingly consuming foods with high caloric content? Or are there certain medications that make people gain weight? In one case, the latter is the claim, and now the issue has led to an employment discrimination lawsuit.
The issue of "weight discrimination" has been mentioned in previous posts here, and it appears that it may be a claim that is gaining some traction in the legal community. In the recently reported case, a man has filed a lawsuit against his potential employer because, he claims, his offer of employment was revoked when his potential employer saw him show up to the job. The alleged victim of discrimination stated he has a problem with his weight in part due to certain medications he is prescribed.
To make matters worse in this case, the man had previously worked for the employer, an art framing store, for 14 years, from 1994 to 2008. When he made an inquiry via email in December of 2012 about returning, it appears the employer readily agreed and they set a start date for January of 2013. But, the victim claims that when he showed up his employer immediately commented on the weight he had gained since his previous stint of employment, and apparently the employer backed out of the employment agreement. This case is just getting started, but it appears that "weight discrimination" claims may be here to stay.
Source: abc News, "Brooklyn Man Sues Former Employer for Weight Discrimination," Alana Abramson, June 22, 2013