Unless your weight has some connection to a “protected basis” in anti-discrimination law, in New Jersey, you can be fired because you’re overweight. As long as a firing decision isn’t illegal, the reason can be as irrational and illogical as your employer sees fit.

The issue of discrimination against people who are heavier than average is getting more attention. An anti-weight discrimination law in Michigan and a similar ordinance in New York City are on the books. Last year a bill to amend the state’s law against discrimination to include weight was introduced but didn’t pass. There’s no federal law explicitly prohibiting weight discrimination in employment.

How Can Weight Discrimination Be Illegal in New Jersey?

Disability employment law might be best known for requiring employers to reasonably accommodate a worker’s disability, but it also acts like more traditional anti-discrimination laws. It’s just as it’s illegal to fire someone due to their race, color, sex, religion, or national origin.

The federal Americans with Disabilities Act (ADA) states an employee with a disability is a person:

• With a mental or physical impairment substantially limiting one or more major life activities
• With a record or history of such an impairment, or
• Perceived or regarded by others as having such an impairment

“Major life activities” includes “major bodily functions,” which can be:

• Major life activities: Caring for yourself, performing manual tasks, and the ability to see, hear, eat, sleep, stand, walk, lift, bend, speak, learn, breathe, read, think, concentrate, communicate, and work
• Major Bodily Functions: The ability of your body to normally function in the areas of immunity, cell growth, digest food, eliminate waste, reproduce, think, and feel

To be perceived or regarded as disabled under the ADA, you must show you were subjected to an illegal action (you were fired) due to an actual or perceived impairment that’s not temporary or minor.

If you fit into one or more classifications, the New Jersey Law Against Discrimination (NJLAD) and the ADA protect you. Employers must provide those with disabilities an equal opportunities to benefit from the pay, benefits, conditions and opportunities available to non-disabled employees.

Can There Be a Connection Between Disability and Being Overweight?

Physical and psychological disabilities or their treatment can cause weight gain. They include:

• Depression
• Insomnia
• Addiction disorders
• Cushing’s disease
• Sleep apnea
• Metabolic disorders
• Diabetes

Medications like steroids can also result in weight gain.

If you can show your weight is connected to a current disability (it’s a direct result of your condition, it’s a side effect, or due to your treatment), or you have a record or a history with a disability impacting your weight, you may fall under the law’s protection.

 How Would I Prove My Case?

To show you’re perceived as disabled, you’re in a better position if you have had conversations with your boss (ideally with witnesses) where they state that there’s something about the job you can’t do or do well enough (stand, lift, focus, stay awake), to maintain your position due to your weight, which is seen as a severe and chronic problem.

Witnesses recounting damaging statements outside your presence, and the contents of text messages, memos, or emails could also be very useful.

This kind of direct evidence of discriminatory motive would also help you if you’re disabled or have a record of a disability. Other types of evidence that could support your case include:

• Your requested reasonable accommodation to perform your job was rejected
• Similarly situated, non-disabled co-workers (people doing the same or similar work) were treated better

Discrimination cases are generally difficult to prove, but that varies on the strength of the evidence. Sometimes that’s provided by unprofessional, biased supervisors who freely discuss their unsupported, negative opinions, unaware or uncaring that they’re getting themselves into trouble.

If You Don’t Protect Your Legal Rights, You Will Lose Them

Kingston Law Group’s central New Jersey disability discrimination attorneys protect the rights of employees and help them hold employers accountable for discriminatory behavior and policies. Send us an email or call us at 609-683-7400 to arrange a consultation at our Mercer County law office.