Thursday, January 28, 2010
An obese woman who was passed over for a bus driver position was not the victim of perceived disability discrimination under California's Fair Employment and Housing Act because her obesity was not caused by an underlying physiological condition, a California court has ruled. The 2nd District Court of Appeal rejected the plaintiff's claim that an amendment to the FEHA, Cal. Gov't Code § 12900, allowed such a cause of action without a medical reason for the disabling physical condition.
Mitchell H. Rubinstein