Many Bay Area residents suffer from obesity. Obesity is defined as a condition when the percentage of body fat in an individual reaches a point where it becomes linked to health issues and increased mortality. A body mass index of 40 or higher, is often considered severely or morbidly obese.

If you are obese due to physiological reasons, and your condition meets several criteria, it may constitute a medical disability. In order to constitute a medical disability, you must be able to show that your obesity has resulted in physical limitations, that you can still perform the essential tasks of your occupation, and that your employer has taken an adverse action against you on the basis of your obesity.

Examples of ‘adverse actions’ that an employer may take against you based on your obesity may include firing, or not hiring, you because of your condition. Other examples of discrimination include your employer not allowing you to take time off of work to seek exercise therapy, or not providing you with reasonable at-work accommodations for your condition.

If you are an obese resident of Northern California, you should know you are not alone. If you believe that your obesity is a medical disability, and that your employer has discriminated against you based on your obesity, call Law Offices of David H. Greenberg, LLP at (1-888-204-1014) for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!