Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

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

Employment Discrimination | Permalink


Post a comment