Obesity Law: Will it Change Weight Discrimination?

The alarming rise of obesity and weight discrimination in the United States over the years is an indicator of how neglected the public health issue is by government and media alike. Although research has provided significant information that obesity as a chronic disease, the common perception is that obesity is a choice. Weight discrimination is rampant in the workplace, healthcare, and education. 

Weight Discrimination and Perception

Weight discrimination, like other forms of discrimination, is highly dependent on perception. Obesity litigation is changing the perception of obesity in America. Advocacy groups for obesity litigation have become watchdogs for the obese in America. They have given obesity something it has never had before: its own voice. 

Obesity and Litigation

While the Civil Rights Act of 1964 was instrumental in preventing discrimination against races, it does not address obesity law. Under the Act, weight in any form is not mentioned as a protected characteristic, and therefore it does not protect against weight discrimination. The Rehabilitation Act and American With Disabilities Act offer some protection against discriminating against employees with disabilities. But for the obese individual who is capable of performing the job, few obesity laws exist. The only state known to have obesity laws for weight discrimination is Michigan but due to continuing new litigation, standards are surfacing all across America in an effort to abolish weight discrimination. 

Employment and Weight Discrimination

Although studies have shown that weight discrimination enters all aspects of employment, obesity continues to be regarded during the selection and placement stages of employment. But weight discrimination doesn't end there. If an obese person happens to be hired for a particular job statistically they are less likely to receive promotions and more likely to be disciplined or demoted. 

Victims of Weight Discrimination

Obese women and minorities suffer greater weight discrimination than men. According to research done by Prof. Mark Roehling at Western Michigan University, mildly obese women earn wages almost six percent lower than other employees doing the same job. The wages paid to morbidly obese women were only about three quarters what their thinner counterparts were paid. Obese men saw a reduction in pay only when morbidly obese. In fact, slightly overweight men actually make a slightly higher salary then their thinner peers. 

Obesity Law

In the obesity and litigation case regarding the "look" of airline attendants, Gerdom v. Continental Airlines Inc., 692 F.2d 602, 610 (9th Cir. 1982; en banc), the judge ruled that weight discrimination held no place in the ability to do the job. 

Weight Discrimination and Healthcare Issues

The rise of obesity in our young people uncovers more distressing news about weight discrimination. Evidence mounts that obesity drastically effects self-esteem, and encourages rejection from peers and even discrimination from healthcare workers.

It's no wonder that individuals who suffer from obesity are reluctant to seek out healthcare until their conditions have progressed to disabling diseases.

Even more disturbing are reports of an unwillingness to offer health benefits to obese employees. For obese individuals who would most benefit from preventive medicine, the options are limited. 

Your Own Contribution to Obesity Laws

With the growing numbers of obese individuals in the U.S. coupled with incoming research about diet and health, the best hope comes from changing the perception of obesity. Obesity law is new and obesity litigation is slow to set precedents. But some simple steps offered by the Council on Size and Weight Discrimination can help empower your rights and combat weight discrimination.
  • Get support from friends and colleagues.
  • Document situations of weight discrimination.
  • Write letters of complaint regarding the weight discrimination act. (Remember, that issuing complaints to employers may cost you your job. Make careful decisions about your complaints.)
  • Go to the media. What better way to change the media's perception of weight discrimination than to go to them with specific situations of discrimination?
  • Confront your discriminator in a diplomatic and concerned matter. Let him/her see you as a person with feelings.
Resources

American Obesity Association. (updated 2004). Discrimination.

Roehling, M.V. (1999, December 22). Weight-based discrimination in employment: Psychological and legal aspects. Personal Psychology 52(4), Winter 1999, 969-1016.