Blog: Height & Weight Discrimination

Law: Under California law, it is a civil right to have the opportunity to seek and hold employment without discrimination based on a race, religion, sexual orientation, and other forms of unlawful discrimination. Employees who are discriminated against can file a lawsuit against their employers for unlawful discrimination.

Solution: Add height and weight as a protective status to prevent unlawful discrimination

 
Currently, there is no legal protection unless the height and weight is considered a disability individual.
Federal law prohibits employers from firing employees on the basis of race, color, age, gender, religion or natural origin – not height or weight.
DMV: The DMV will perform weight and height measurements to certify a weight and/or height individual for the protective status.

 

Lawsuits: Protective Status vs. Non Protective Status for Height & Weight

Protective Status in a lawsuit shifts the burden of proof on the employer in a lawsuit; Non -protective status in a lawsuit has the burden of proof on the plaintiff.
Protective status for weight and height must have a height and weight protective status card issued by the DMV..
Concept:  Let California join Michigan as the only states with height and weight as a protective status; however, California, unlike Michigan, will utilize a quota for a weight and height system that employers must attain at all times. Burden of proof will be on the employers for quotas.
At this juncture, only two California cities – Santa Cruz and San Francisco – have height and weight protective status.

Goal: Thousands of talented  employees from the 48 states will move to California in order to avoid unlawful height and weight discrimination  during interviews.

Height & Weight requirement question on an interview:
Before the conclusion of an interview, California employers must, upon receiving  either an oral or written reasonable request, provide an applicant with the Height or Weight requirements for the job position(s) sought. Failure to answer this question will result in a personal lawsuit against the person conducting the interview  prosecuted by the state of California.

Proof of height & weight with ID numbers will be issued by the DMV and must be presented on interviews.

Applicants who desire protective status cannot be hired without a proof of height & weight card.

Solution: Quotas

Place quotas with companies with more than 15 employees to have a 20 percent quota (at all times) of employees with height & weight protective status.  For instance, a company with 100 employees would be required to have a 20 employees with height & weight protective status at all times. If the company fails to meet it quota,  interviews for the hiring process for employees height & weight protective status must take place in a timely fashion in order to mitigate damages.
Proof of interviews coupled with resumes  and Proof of Height and Weight protective status card must be submitted to government officials upon request.

Firings: When an employee with height & weight protective status is terminated from employment, the new employee must be replaced with height or weight protective status

Resumes from the interview process coupled with  Proof of height and weight protective card must be  presented to the government inspectors. If company hires a replacement not of height & weight protective status,  the terminated employee can challenge the company in a court of law. Resumes during the interview process coupled with the proof of height and weight protective status can be subpoenaed by the terminated employee.

How do to enforce the quota: Fines, felony, and prison time

A document with the names of employees with height & weight protective status must be presented to government officials during an unannounced inspection. Failure to provide the document  or a document that contain inaccurate data will  result in fine and /or penalties. If the company does not comply, fines will be administered. The human resource manager  must sign a document certifying the quota has be attained. Employees  of the company who are of
height & weight protective status must present to the government officials previous weeks pay stubs to verify employment by signing a document.
What happens if an employees with  height and weight protective status employee  either quits or is fired and the company quota falls below the minimum quota? Company must contact the state of California with 24 hours and follow instructions to attain quota in order to avoid fine and /or penalties.

Penalties:

Employees who falsify documents to prove Height and Weight protective status will result in State of California  fines and/or felony. Human resource managers who provides false information regarding the quota will be fined and/ or felony. This illegal action of human resources  would result in a personal lawsuit prosecuted by the state of California. Company will be fined for violation of respondent superior (action of the employees). Fines range start at 100K per violation for the first offense. Second offense  will result in a felony with up to 90 days in prison.

Tax credits will be an incentive if a company attains a higher quota.

How to start implementation: Can this concept be used on an assembly Bill (AB) with a number assigned  to be voted?

Can this concept be placed as proposition on a ballot  for voting in November as a result of a petition of 600,000 signatures? Do you recall Prop 6 for repeal the gas tax and Prop 10 for California rent control? Prop 10 was defeated in California; however, rent control was subsequently passed from a vote in Los Angeles County.

Job posting: Future Height &Weight sample California Job posting on job internet sites.

Height & Weight Protective Status – Administrative Assistant– Los Angeles – 40-60K– Work authorization is required. Applicants who reside in the United States  with height & weight protective status can apply in order to meet California  state quota. Please provide  the  proof of height & weight protective status card issued by the DMV when applying . Falsify of documents to prove height and weight on the interview  will result in the  state of California fines and/or felony. Only individuals with height & weight protective status card may  apply due to California State law.

Result:  Height and Weight discrimination will be terminated in California

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