Tuesday, December 4, 2007

Can I Be Fired For Being Too Fat Or Short?

As of right now there is no specific law in Bay State that protects an individual if they believe they were discriminated against in the work topographic point as a consequence of being too fat or short. This type of favoritism can apparent itself in the word form of unlawful termination, failure to advance or a failure to be hired.

Currently the Bay State General Laws regarding favoritism reads; It shall be an unlawful pattern for an employer, to decline to hire, employ, to debar or to dispatch an individual from employment based on their race, color, spiritual creed, national origin, sex, sexual orientation, (which doesn't include people whose sexual orientation affects minor as the sexual object), familial information and lastly their ancestry. It also states that the employer can't discriminating against the individual for the following; individual compensation, or in terms, status or privileges of employment, unless based upon a bona fide occupational qualification. Massachusetts General Laws c. 151B § 4.

Massachusetts have proposed an amendment to its civil rights and favoritism laws under Massachusetts General Laws c. 151B. As of now there is a pending measure before the state legislative assembly that would do it unlawful for an employer to discriminating against an employee based on the employee's weight or height. The law currently necessitates that a individual who was terminated or treated unfairly in the workplace show that he/she was treated differently from another employees who throws either the same occupation statute title or throws a similar place in the workplace. Also under current law a individual who is claiming that their weight or tallness is the footing of their discriminating factors must turn out that their weight or tallness measure ups as a disablement disability, thereby substantially limiting a major life activity. Bay State tribunals have got held that limiting 1s ability to work measure ups as a major life activity.

If this projected amendment is approved, Bay State would be only the 2nd state in the nation, behind the Wolverine State to forbid such as discrimination. Although it should be noted that the District of Columbia River prohibitions favoritism on visual aspect and San Francisco and Santa Cruz, California, barroom weight and tallness discrimination. This projected measure come ups as the Federal Soldier authorities released the up-to-the-minute statistics on the per centum of Americans that are obese, claiming that over 32% of Americans are obese as measured by their Body Mass Index (BMI).

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