Is it legal for an employer to fire an employee for being overweight? Are fat people protected under the law?

Question

Look at my avatar. Do I look fat to you?

In the news I read that a postman here in Australia was fired from delivering mail because he was 'too fat' to ride the motorbike safely and his weight was in jeopardy of contravening occupational health and safety laws.......

His employers' insurance company would not insure this fat employee for fear of a higher risk of injury while driving on such a 'small' motorbike in comparison to his size. When he started delivering mail, he was of average build, but over a 9 year year period he put on 60 pounds....

Answer 1

In Australia it is illegal to fire someone simply because they are overweight. However! If the persons weight could be shown as causing the person to work in unsafe conditions it would be legal. Under certain conditions, many people can be dicriminated against but it usually comes down to health and safety issues.

Sounds like this postie was sacked for real reasons even though it does seem unfair

Answer 2

Okay, first off, I don't know about AUSTRALIA, but I'll tell you about AMERICA.

Upon hiring a person, the company cannot discriminate based on race, gender, sexual orientation, religion, or disability and furthermore must make "reasonable accomodations" for someone with a disability.

However, the company is allowed to choose to hire or not hire someone based on their ABILITY TO DO THE JOB. So, the Fire Department can't refuse to hire a woman because she's a woman, but they can refuse to hire a woman because she personally is not strong enough to perform the duties necessary to the job. The same goes for any men who cannot pass the tests.

This man would not have been hired if he was overweight at the time of hiring, because he would be incapable of doing the job. However, he then became, through disability, unable to perform the job. The company is allowed to fire him.

HOWEVER, before the company fires him, they must prove they cannot make REASONABLE ACCOMODATION for his disability. This brings it all down to one question: Isn't it reasonable for them to allow this man to drive a car instead of a motorbike to deliver mail?

Answer 3

who's Libs? Is she, like, meant to be an expert on Sharia regulation or some thing? Addendum: yet, yeah, i'm accustomed to the cesspool of undemanding human rights abuses that's the middle East, and diverse different places spanning the globe. The Islamic international grow to be the pinnacle of enlightened and state-of-the-paintings subculture for hundreds of years... till concerning the turn of the 2d Millennium. it particularly is while the non secular fundamentalists took over and plunged the full center East right into a dismal age of scientific lack of understanding and social conservatism that has lasted 1000 years. in comparison to ecu society during the Enlightenment, which prospered hence of liberation from Church authority, the daybreak of present day technology, and the resultant upward thrust and adoption of secular, liberal Western values, the cultures of the middle jap international locations, regrettably, have yet to claw their way out of the pit.

Answer 4

If I may, I'd like to give you a real-life example. One that happened to me. I worked for a major, well known cola company. In my job description, it stated that I would on occasion have to work in tight, cramped spaces. The "Lead Installer" was half my age, and weighed 340 pounds and was unable to bend over to pick up his keys if he dropped them. The guy would find a chair on a group job and sit talking to us while we worked. Now, the "Lead Installer" job description is the same as mine was with the exception of him checking our paperwork. Other than that, it was identical.

The man was so morbidly obese, he could not effectively perform his job yet, because of his connections, he stayed in his position. Had I been plant manager, I would have given him 6 months to trim down or be gone. Should he have been legally protected?


And while I am unsure of a federal protection, I believe that due to litigation-happy people, most employers are afraid to fire those like my former coworker.

Answer 5

Answer to first question: Yes. Which makes the answer to the second question a no, I guess. But I guess, as with anything in the law there are exceptions - if a person has a certifiable disability related to their obesity or something of that sort.

Answer 6

Not in the US. Since most states are 'at will' employers, and since being fat is not a 'protected class' (unless you can get someone to say obesity is a disability and is covered by ADA!!) then they can let you go without giving a reason.

Answer 7

It's not legal but I'm sure companies do it and find other reasons to fire the overweight person. If they want to fire someone they'll do it and say some other stuff about why they were fired.

Answer 8

Unless you have a contract (typically union employees), an employer is free to fire you "at will" and can pretty much justify any reason they like.

Answer 9

The ADA has been successfuly used to protect overweight employees, but every case is different.

As you're in Australia, the ADA doesn't apply to you.

Answer 10

If your in the US it is illegal. Fat people are protected under the Americans with Disabilities Act.