I work for a garbage company. I am a yard worker. There is truck driving positions as well. A driving position came available. When I asked ...

Question

I work for a garbage company. I am a yard worker. There is truck driving positions as well. A driving position came available. When I asked my biss for the position he said no then said it was do to my weight. He then said I'm not going to let you in a truck and have u blow out yoyr knee and be on workmans compisation. I have wached countless employees over the past7 years be promoted over me while I stay in the same position. Is this descrimination and could I pursue this legally

Answer

Hello,

Generally, treating employees differently because of their obesity is not considered discrimination and is not illegal unless obesity is either caused by a disability or creates a certain disability, which is a true reason for being treated differently. It doesn't sound like this applies to you based on what you described.

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

http://www.arkadylaw.com