Weight and appearance discrimination are now migrating into Title VII status (discrimination based on race, gender, religion, age etc.). State and local laws regarding weight and personal appearance discrimination are beginning to rise and a few courts have even started to evaluate these claims under federal law absent the passage of specific legislation prohibiting discrimination based on this new category.
Personal appearance and weight discrimination legislation will open up a whole new world of complications for employers for several reasons.
• Studies suggest personal appearance and weight discrimination are real issues. For most employers, personal appearance is factored into the hiring process and its impact on an organization’
• Health Carrier underwriting already assigns “risk factors” based on the industry, which is now being re-vamped under the new GINA legislation.
• Weight discrimination taken to its ultimate maximum can mean everything from “too fat”, “too thin”, “too unattractive”
• It’s not out of the realm of possibility that terminated employees could seek legal cover that their termination was based on their physical appearance and file claims under the ADA (Americans with Disability Act) which is defended with the “ability to perform essential functions of the job”
There is no question that weight or appearance bias exists today. There is also little doubt that obesity causes an increase in loss time, health insurance costs and safety problems.
The day of weight and appearance discrimination is only dawning. Advocates of 'large people’ have not been as prevalent as advocates for other groups, but that is rapidly changing (i.e.. different airline ticket prices for individuals needing extra seat space litigation).
The time to consider options going forward is now. And no better time to revisit your Company’s employee handbooks, job descriptions, hiring, promotion and termination procedures. And finally, what’s the appearance make-up of your workforce?
