When Is Fat-Shaming Illegal in the Workplace?

We often get asked if “fat-shaming” or discrimination based on body size is illegal in the workplace. The answer is unfortunately not simple.

What Does the Law Say?

California’s legal framework, specifically the Fair Employment and Housing Act (FEHA), provides broad protections against employment discrimination and harassment. FEHA prohibits discrimination and harassment based on race, color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), sexual orientation, gender identity, gender expression, age (40 and older), disability (physical and mental), genetic information, and military and veteran status.

However, “fat-shaming” or discrimination solely based on body size or weight is not explicitly covered as a protected category under FEHA. This means that general appearance-based discrimination, including negative comments or actions related to an employee’s weight, does not automatically qualify as illegal harassment or discrimination unless it intersects with a protected category.

When Could Fat-Shaming Be Considered Illegal?

There are scenarios where harassment or discrimination that may seem related to body size or weight could indeed violate anti-discrimination laws:

1. Disability Discrimination: If “fat-shaming” is related to a medical condition or disability that affects the employee’s weight, it could be considered discrimination under the Americans with Disabilities Act (ADA) or FEHA. Employers are required to provide reasonable accommodations for employees with disabilities and cannot discriminate based on disability status.
2. Sex-Based Discrimination: Discrimination based on stereotypes or assumptions related to gender, including expectations about body size or shape, could be classified as sex-based discrimination under FEHA.
3. Pregnancy Discrimination: Negative treatment related to weight gain during pregnancy could fall under pregnancy discrimination, which is prohibited.

What Can You Do?

If you believe you have been a victim of discrimination in the workplace, whether due to “fat-shaming” or another form of prohibited discrimination, there are steps you can take:

• Document Everything: Keep detailed records of any instances of discrimination, including dates, times, witnesses, and any communication related to the incident.
• Report the Behavior: Follow your employer’s procedures for reporting discrimination. This may involve speaking with your HR department or a supervisor. But see the previous rule – make sure you document everything.
• Seek Legal Advice: Consult with an employment lawyer who can provide guidance based on your specific situation. An attorney can help you understand your rights and the best course of action, whether it’s filing a complaint with the California Civil Rights Department (CRD) or pursuing private legal action.