overweight discrimination

[Ohiogal]

and one other point of correction Ohio, I have YET to meet a woman who wasn't overweight.

Just ask any woman you meet.

I admit it. I am overweight. Of course technically and medically it really isn't entirely my fault.

 

[Ohiogal]

Ohiogal, I am aware of those localized laws; however considering how many of them there are (not very) and how many muncipalities exist (hundreds of thousands) the odds are great that they do not apply here, particularly since I am not aware of any in the employee's home state (which is not noted for its liberal discrimination laws).

We also have no evidence but the OP's belief to assume that his weight is a factor at all.

True. I agree. And the only time weight is applied federally re: discrimination is under the ADA -- and that is only morbid obesity and very seldom obesity as my post states. OP has not mentioned that her husband is obese -- all she says is overweight. And it needs to proven that weight is the factor resulting in her hubby's lack of promotions and raises. Then it needs to be shown that he is obese or morbidly obese and falls under the ADA. On its face, I agree she has no case. My post was geared towards the feeling I was getting from other posters that weight can never be the basis of discrimination nor protected under law which isn't true because it can and has and such lawsuits are growing (no pun intended).

 

[moburkes]

Did she ever consider that they hired the younger worker, and are paying her less money than they would need to pay her husband to promote him? And maybe, she's prettier!

 

[BelizeBreeze]

I admit it. I am overweight. Of course technically and medically it really isn't entirely my fault.

Is that the "Twinkie Defense?"

 

[Ohiogal]

Is that the "Twinkie Defense?"

No. It is the "my husband got me pregnant and even morning/all day sickness doesn't stop weight gain" defense.

 

[moburkes]

No. It is the "my husband got me pregnant and even morning/all day sickness doesn't stop weight gain" defense.

Are you pregnant? My stinker is 6 months...how time flies!

 

[Ohiogal]

Are you pregnant? My stinker is 6 months...how time flies!

Yep. My little one is currently six years old. And now this one.... gestating. Morning sickness sucks. But pregnancy does cost weight gain. Even when I have barely been keeping ANYTHING down! See a medical reason for weight gain!

 

[judith]

Did she ever consider that they hired the younger worker, and are paying her less money than they would need to pay her husband to promote him? And maybe, she's prettier!

No this all Im saying, the girl was hired on with very little experience. Constantly calling my husband when she had to run a shift by herself because she doesn't know what to do. She is one of the assistant managers. My husband ask for the job because he figured if he could fill in for the managers while the were out on vacation and they are always calling him for help that is well within the running for the job. My husband is hourly and the new manager is salary so how much do you think they saved by hiring some one else?

 

[moburkes]

Yep. My little one is currently six years old. And now this one.... gestating. Morning sickness sucks. But pregnancy does cost weight gain. Even when I have barely been keeping ANYTHING down! See a medical reason for weight gain!

Well, CONGRATULATIONS, NEIGHBOR!

I lost 13 lbs at first. Morning sickness is definitely a mosnomer! Gained it back, and a few more. Lost it all, and then some, after the baby. Good luck!

 

[rmet4nzkx]

Is that the "Twinkie Defense?"

The "twinkie defense" was described in detail in Massachusetts Mut. Life Ins. Co. v. Woodall, 304 F.Supp.2d 1364, 1377 n. 7 (S.D.Ga. 2003).

As a result of the White case, diminished capacity was abolished in 1982 by Proposition 8 and the California legislature, and replaced by "diminished actuality," referring not to the capacity to have a specific intent but to whether a defendant actually had a required intent to commit the crime with which he was charged. [1] Additionally, California's statutory definitions of premeditation and malice required for murder were eliminated with a return to common law definitions.

 

[rmet4nzkx]

Yep. My little one is currently six years old. And now this one.... gestating. Morning sickness sucks. But pregnancy does cost weight gain. Even when I have barely been keeping ANYTHING down! See a medical reason for weight gain!

I thought that was the case when you refered to nausia and hormones last week, Congratulations!

 

[judith]

Oh brother!
The POINT woman, is that you HAVE no point. Who cares if your hubby is so fat you have to wheel him out with a forklift and a ton of lard.

Your 'feelings' mean nothing. Not here, not at hubby's place of employment and certainly not in a court of law. the ONLY thing that matters is that your husband was fired. and unless he (not you) can prove that he was fired for a reason protected under Federal Law, he's SOL.

So stick your feelings in a brown paper bag....they are relevant to nothing.

A paper bag would be a very good place for you to stick your advice because the smart remarks and lack of morals make you out to be a total jerk. And THAT is not wanted by a very good many people here. You know "IAAL" is probably feeling kind of lonely right now!!!!

 

[Ohiogal]

Judith you may not like the way BB said it but legally he is right. Your FEELINGS mean nothing to the court. NOTHING. They are not going to listen to emotion. You NEED LAW!

 

[rmet4nzkx]

A paper bag would be a very good place for you to stick your advice because the smart remarks and lack of morals make you out to be a total jerk. And THAT is not wanted by a very good many people here. You know "IAAL" is probably feeling kind of lonely right now!!!!

Your question was answered long ago that is why the thread has drifted off topic and the members have hijacked it. Let me repeat what you have already been told, your state does not have any special protected status for overweight employees with the possible exception of federal employees which is not the case with your husband. Proving such a case would be difficult at best, even if there were discrimination. Employeers with few exceptions such as a union contract, may hire, fire and promote at their own discression whether it is fair or not, it is not illegal. This has nothing to do with any internal conflict at this forum.

 

[Beth3]

What no one has mentioned is the quite likely possibility that the OP's husband, while he may be great employee, is simply not management material no matter what his size.

Nobody is owed a promotion just because he or she has seniority or has worked in their field for a certain number of years.