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A severely obese woman who was fired from an athletic club after working there for more than 15 years was entitled to a trial on her disability discrimination claim under the California Fair Employment and Housing Act (FEHA), the California Court of Appeal ruled.
Under California law, obesity may be a disability—but only when the plaintiff can prove that the obesity has a physiological cause. The trial court erred in dismissing the claim before trial because the plaintiff introduced evidence that her obesity was genetically determined and the employer failed to refute this evidence, the appellate court concluded.
[SHRM members-only how-to guide: How to Manage Disability Accommodations in California]
The plaintiff has been obese since childhood, and her weight interferes with several daily life functions, including bathing, walking and using transportation. She cannot stand for more than an hour, cannot walk more than a mile at a time and often experiences significant shortness of breath from engaging in basic activities.
She began working part time for the Berkeley Tennis Club as a lifeguard and pool manager in 1997 while she was a college student. She eventually became a night manager and continued to work at the club after graduating from college in 2001, reporting...