A new study shows that treatment based on job candidates’ and employees’ weight is a common form of bias. In most states, there’s no law against that – but here’s how it can get firms in trouble.
There’s no federal law against “obesity discrimination,” and only one state (Michigan) has anything on the books against using weight as the basis for an adverse employment actions But that doesn’t mean there’s no way to get sued for it.
Sex discrimination
The Yale University study found that weight discrimination was the fourth most common form of bias encountered at work. But for women, it came in third. Female workers were found to be twice as likely to encounter weight discrimination as men, with 10% of women saying they’d experienced it, compared to 5% of men.
That means there are companies out there who will hire fat men but not fat women. That practice could land a company in court for sex discrimination.
Disability law
Employees haven’t had much luck claiming obesity is protected under the Americans with Disabilities Act (ADA). But it can happen if someone’s obesity is caused by underlying conditions, such as metabolic disorders or thyroid conditions, that might qualify as disabilities.
Also, the EEOC has said the more serious condition known as “morbid obesity” might on its own be considered a protected disability.
