Overweight Discrimination In Workplace

Obese discrimination is nothing new to society, but overweight discrimination in workplace is becoming an issue. There is no weight discrimination law although the push for it is growing. Over the course of the last 20 years, there has been a dramatic rise in obesity in America. Obesity is calculated by measuring a person’s height and weight, and is defined as a body mass index of 30 or higher.  As of 2008, 32 states in the U.S. had an obesity rate of more than 20 percent of the state population, with 6 states having an obesity rate of more than 25 percent of the state population.

Obese Discrimination

 Though many Americans may be unaware, claims of obesity discrimination, particularly against employers, are on the rise. In these disability discrimination cases, twenty-eight percent of obese men and 45 percent of obese women report that they have been the victim of obesity discrimination at one time or another, with obese women and obese minorities reporting higher incidents of discrimination.

Some of the ways in which obese Americans claim they are discriminated against are as follows:

• Paying increased insurance premiums based on their body mass index;
• Paying an insurance “surcharge” for obesity on top of already inflated insurance premiums based on body mass index; and
• Being denied health care insurance by their employer based on their body mass index.
• Unfair hiring and termination

Weight Discrimination Law

While cities like San Francisco and Washington D.C. have passed local laws outlawing discrimination on any basis whatsoever, there are currently no laws protecting the obese from discrimination at the state or federal levels. This is especially disturbing to obesity rights advocates, who point out that the obese are statistically less likely to be hired or promoted in the workplace, and significantly more likely to be demoted or disciplined. Though the obese are not currently a “protected class” under state or federal law, some believe obesity discrimination should be illegal under the following federal laws:

• The Civil Rights Act of 1991 (“the Act’): This legislation was amended to outlaw “disparate impact” discrimination in the workplace. In order to recover under the Act, the employee need not show that the employer acted with discriminatory intent, but only that the employer’s actions have a “disparate impact” on a protected class. This law could be helpful to the obese as data shows that women and minorities are affected fare more frequently by obesity discrimination than are other groups.
• The Americans with Disabilities Act (ADA): In order for the obese to be protected under the ADA, obesity would have be classified as a “disability,” under federal law.

If you have been the victim of discrimination based on obesity, the best way to find out what, if any, recourse you have is to speak to an attorney who concentrates in civil rights or employment discrimination law. Though no legal protection currently exists for those discriminated against on the basis of obesity at the state or federal level, a competent lawyer will be able to advise you regarding how best to proceed with your claim.