Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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Thursday, January 28, 2010

Bus Driver Unable To Establish Discrimination Claim on the Basis of Obesity


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 ยง 12900, allowed such a cause of action without a medical reason for the disabling physical condition.

Hines v. Los Angeles County Metropolitan Transportation Authority, No. B208389, 2009 WL 3682603 (Cal. Ct. App., 2d Dist., Div. 5 Nov. 6, 2009).

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2010/01/bus-driver-unable-to-establish-discrimination-claim-on-the-basis-of-obesity.html

Employment Discrimination | Permalink

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