In one case, the California Supreme Court held that weight may qualify as a protected disability within FEHA’s meaning only if medical evidence demonstrates that it results from a physiological condition affecting one or more of the basic bodily systems and it limits a major life activity.1 A subsequent California Court of Appeal case concluded that the term “physiological condition” includes genetic conditions.2

Federal courts are split on the issue of whether there must be a physiological condition underlying obesity for it to qualify as a disability. Some federal courts have concluded that obesity may be a disability only if it's the result of an underlying condition while others view obesity as a disability regardless of underlying conditions.3

If an employee requests workplace accommodation because of a disability, employers have a duty to engage in a good faith interactive process with the employee to explore potential accommodations that would allow them to perform the essential functions of their job. Employers should consult with legal counsel before they deny an accommodation request. For more information, see Reasonable Accommodation of Disabilities.

• Employers should also pay attention to any local ordinances that prohibit weight discrimination. Both San Francisco and Santa Cruz separately prohibit discrimination based on weight in employment and recruiting.

• Visit HRCalifornia’s Local Ordinances section for detailed information on local employment-related ordinances in California, including anti-discrimination ordinances. The Local Ordinances section covers the ordinances that may apply and offers a convenient map and wizard to help employers determine which local ordinances they might need to comply with.

1. Cassista v. Community Foods Inc., 5 Cal. 4th 1050 (1993)