Getting fired for being overweight can feel both humiliating and confusing. In Ohio, weight itself isn't listed as a protected characteristic under the state's employment discrimination laws. That doesn't necessarily end the conversation, though. If your weight is connected to a disability or your employer is using weight as a cover for discrimination based on another protected characteristic, you may have legal options.

Key Takeaways

• Ohio law does not specifically prohibit discrimination based on weight alone.
• A legitimate performance issue isn't automatically discrimination.
• An employer cannot simply assume an employee is unable to perform a job because of their weight or a disability.
• A legitimate performance issue isn't automatically discrimination.

Is Weight a Protected Class Under Ohio Law?

Similar to federal anti-discrimination laws, Ohio has enacted laws that prohibit employers from discriminating based on specific protected characteristics. However, weight specifically isn’t included.

Weight not being included doesn’t give employers unlimited freedom to discriminate against overweight employees. The circumstances surrounding the employment decision still matter. An employer's reason for firing someone may violate the law if it is really based on a protected characteristic.

When Can Being Overweight Raise a Disability Discrimination Issue?

Being overweight, by itself, doesn't automatically make someone disabled under Ohio law. But a weight-related condition may fall under disability protections depending on the employee's circumstances.

For example, the important questions may include whether the employee has an impairment that qualifies as a disability, whether that impairment substantially limits a major life activity, and whether the employer knew about the condition or regarded the employee as having a disability. The employee's ability to perform the essential functions of the job also matters. If the employee can perform those duties with a reasonable accommodation, an employer may have additional obligations before taking adverse action.

Ohio law prohibits discrimination against qualified individuals with disabilities in employment decisions, including termination. That means an employer can't simply point to an employee's weight and assume the employee is incapable of doing the job.

What Does Weight Discrimination in the Workplace Look Like?

Discrimination can look very different for everyone and is determined on a case-by-case basis. In some situations, the discrimination is blatant. An employer fires an employee and specifically cites the employee's weight as the reason. A manager repeatedly makes derogatory comments about an employee's size. An employee is denied a promotion because management believes customers will respond negatively to their appearance.

In other situations, the discrimination is more subtle or nuanced. An employer imposes a weight-related requirement that isn't actually connected to the employee's job duties. An employee with a qualifying disability related to their weight is denied reasonable accommodation. An employer treats an employee differently because of a perceived disability.

Being rude, insulting, or insensitive about someone's weight isn't necessarily the same thing as unlawful discrimination. The conduct generally needs to connect to a legally protected basis for an employment discrimination claim.

Can an Employer Fire You Because You Cannot Meet a Job Requirement?

Employers can generally fire employees when they cannot meet the legitimate requirements for a position. The issue becomes more complicated if the employer claims weight prevents an employee from doing the job. The analysis typically focuses on whether the employee can perform the essential functions of the position. Employers shouldn’t assume that someone’s weight prevents them from doing their job. If weight is related to a disability, the employer may be required to provide reasonable accommodation. However, employees shouldn’t assume they automatically have a right to accommodation simply because they are overweight.

What If Your Employer Says Your Weight Is Affecting Your Performance?

Employers can address genuine performance issues with employees. However, employees should listen carefully to the performance concerns. Is the employer's explanation consistent with their actual work history?

There are red flags that an employee can look out for that signal the issue isn’t actually the employee’s performance. There may be a sudden and unexplained change in how the employer performs performance evaluations. That change results in negative reviews after a long history of positive reviews. The person performing the evaluation may make comments that specifically focus on appearance or weight. Employees who are in similar positions are treated differently.

What Should You Do If You Think You Were Fired Because of Your Weight?

It’s normal to feel emotional and upset after getting fired. However, it’s important to take a deep breath and approach the situation methodically. Start by writing down everything that happened as soon as possible. The longer you wait, the bigger the risk that you will forget something or get the facts wrong. Include as much detail as possible, including dates, names, and comments made.

Save any relevant documents, such as emails, texts, performance reviews, disciplinary notices, and termination paperwork. Look for evidence showing whether your performance suddenly became a problem. Consider potential coworkers who may be able to validate your claim of discrimination. Talking to a discrimination lawyer can provide legal insight. A lawyer can evaluate the facts and explain possible legal claims.

Talk to an Ohio Employment Discrimination Lawyer

Your employer may have legitimate reasons for addressing performance or job requirements. Your weight, however, shouldn't become a convenient excuse for unlawful discrimination. Weight-related employment decisions can raise other legal issues when a disability or another protected characteristic is involved.

The employment law attorneys of Lalak LLC fight for the rights of workers who have been unlawfully discharged by their employers. The firm is committed to protecting workers when employers violate their rights. If you believe your employer crossed the line, contact Lalak LLC online or call 440-892-3380 to discuss what happened and whether you may have a legal claim.