Job Discrimination by Obesity
Job discrimination takes place on several levels, be it the more common racial- and gender-based discrimination or the more hidden discrimination based on sexual orientation and obesity. Obesity reigns as one of the most socially accepted basis for discrimination and is not foreign in the workplace. Luckily, there are any ways to identify it and fight against it.
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Defining Obesity
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Obesity is, like may things, difficult to define. There are several definitions of what it really means to be obese; however; the medical field considers obesity as being above a 30 on the body mass index scale. This definition can be misleading as it can find athletes who are very muscular as being obese. Utilizing the BMI scale should be only one of many tools used to determine obesity.
Defining Discrimination
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Workplace discrimination is as difficult to define as obesity. The majority of definitions center on the employee being singled out for characteristics that have nothing to do with job performance. The rub comes when you start trying to decide what is and isn't performance related. Obesity can come into play if your job requires high levels of physical ability or your weight otherwise negatively impacts performance. But being passed over for a promotion at a desk job because of weight is discrimination.
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Harassment
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Discrimination also includes harassment. You may not be losing perks, pay or promotions because of weight, but if you have to endure snide remarks or a negative work space, this also falls under the umbrella of workplace discrimination. It is your employer's responsibility to make sure that not you are protected from discriminated in terms of viable goods and in terms of a comfortable work environment.
Combating Discrimination
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Prior to engaging in any legal action, it is best to go to a supervisor or human resources if you feel as though you are being discriminated against. Employers take these things seriously and are often very quick to react. If it's your supervisors who are doing the discriminating, go to their supervisor or a managerial peer of theirs. You also could arrange a direct meeting with them, but make sure you have a third party present.
Legal Action
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Failing all other options, it's time to get lawyers involved. Make sure everything is clearly documented and spelled out. If it isn't documented, it never happened as far as a judge is concerned. Be prepared to provide proof in the form of positive performance reviews combined with repeatedly denied raises, promotions or perks. If it's harassment-based, be prepared to show dates, times, locations and the perpetrator. Have witnesses lined up and available if possible.
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References
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