Discrimination??

[oilermom]

[F ONT=Comic Sans MS]undefined[/FONT]What is the name of your state? PA

I worked for a doctor at his "Day Spa and Wellness Center" for about 5 months. I set up everything from inventory to invoicing to Accounting procedures. After that was all done, his "Wife" stated that she did not approve of my appearance. (I am a little over 200 #'s). My work was good....my attendance was good....she just felt that for a wellness center they needed someone whose appearance fit the fitness center....Is this considered discrimination? A friend of mine said a place of employment can fire or let you go for any reason they want.

 

[BelizeBreeze]

[F ONT=Comic Sans MS]undefined[/FONT]What is the name of your state? PA

I worked for a doctor at his "Day Spa and Wellness Center" for about 5 months. I set up everything from inventory to invoicing to Accounting procedures. After that was all done, his "Wife" stated that she did not approve of my appearance. (I am a little over 200 #'s). My work was good....my attendance was good....she just felt that for a wellness center they needed someone whose appearance fit the fitness center....Is this considered discrimination? A friend of mine said a place of employment can fire or let you go for any reason they want.

And HAVE they fired you?

 

[oilermom]

OH YES!! They fired me....That's how I found out that the Dr.'s wife didn't approve of my appearance...that was exactly what the supervisor told me.

 

[BelizeBreeze]

then you MAY have recourse since you live in Pennsylvania based on English v. Philadelphia Electric Company , McDermott v. Xerox Corporation , Gimello v. Agency Rent-ACar, Inc and Cook v. Rhode Island Department of Mental Health, Retardation, and Hospitals.

In the disability arena, one of the first cases was English v. Philadelphia Electric Company, in which Joyce English was found unfit for employment by a company doctor who administered a preemployment medical exam. The Pennsylvania Human Rights Commission found that "morbid obesity" was a handicap within the definition of the Pennsylvania Human Relations Act.

As an added twist, in an appeal of the Cook case, the U.S. Court of Appeals recently handed down a decision which stated that "morbid obesity" is a protected disability under the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). The federal Equal Opportunity Employment Commission (EEOC) had filed a friend of the court brief in the case, formally taking a position that "morbid obesity" is a protected disability.

Although neither the Rehab Act, the ADA, nor the regulations promulgated under either statute directly address this question, the EEOC asserted that obesity "of sufficient duration with a significant impact on major life activities" can qualify as a disability in the absence of physiological causes. In other words, a plaintiff would not have to prove his or her fatness was caused by another condition in order to receive protection under the ADA.

Whether or not your situation parallels that of Cook or English is a matter of fact for a court. I suggest at a minimum filing for unemployment and an initial consultation with an employment attorney in your area.

 

[absconder]

Recent Lawsuits about Fat Discrimination http://www.naafa.org/info/legal/court.html They better not mess with my HOOTERS girls.

 

[cbg]

Just to add some caveats to BB's post, by itself weight is not a protected characteristic in any state except Michigan (the District of Columbia protects personal appearance). In addition, NO condition with the single exception of HIV/AIDS is AUTOMATICALLY protected under the ADA. Every other condition, INCLUDING morbid obesity, has to be looked at on a case by case basis. Finally, it is not impossible that a good appearance might be a BFOQ (Bona Fide Occupational Qualification) for a day spa, in which case it would be quite legal to fire you for this reason.