Editorial | Size shouldn't matter
Issue date: 4/15/08 Section: Op-Ed
An overweight but highly qualified woman finds herself consistently denied receptionist jobs for thinner candidates who can barely turn on a computer. A five-foot-tall man is constantly ridiculed in his office, with taller coworkers going so far as to pat him on the head patronizingly at meetings.
Sound unfair? It is. Sound illegal? It should - but unless this man and woman happened to live in Michigan, the only state with anti-discrimination laws based on height and weight, they would have no legal recourse.
Unless a person is obese enough or short enough to claim disability benefits, there is nothing he or she can do when faced with discrimination. The amount of such discrimination is surprisingly high: A study published in March by Yale University's Rudd Center for Food Policy and Obesity found that weight discrimination is as prevalent as racial discrimination.
The laws could change, however, with a newly proposed bill in the Massachusetts legislature that would add height and weight onto the previously existing state law that bans discrimination on the basis of race, gender, sexual orientation, religion, national origin or ancestry with regard to housing, insurance, employment and union membership. If the bill were to pass, not only would it serve as a step towards changing pervasive societal stereotypes, but it would provide victims of height- and weight-based discrimination a much-needed means to fight back against
unfair prejudice.
It is important to recognize that there are limits on this sort of legislation. People who are clearly unqualified for a job would not be able to get it any more than they could now, and if specific heights or weights were necessary requirements for a particular occupation (for example, modeling), discrimination laws would not necessarily apply. (The same regulations exist under current discrimination laws: For example, it is not against the law to refuse to hire a male actor when casting a female role in a play.)
Sound unfair? It is. Sound illegal? It should - but unless this man and woman happened to live in Michigan, the only state with anti-discrimination laws based on height and weight, they would have no legal recourse.
Unless a person is obese enough or short enough to claim disability benefits, there is nothing he or she can do when faced with discrimination. The amount of such discrimination is surprisingly high: A study published in March by Yale University's Rudd Center for Food Policy and Obesity found that weight discrimination is as prevalent as racial discrimination.
The laws could change, however, with a newly proposed bill in the Massachusetts legislature that would add height and weight onto the previously existing state law that bans discrimination on the basis of race, gender, sexual orientation, religion, national origin or ancestry with regard to housing, insurance, employment and union membership. If the bill were to pass, not only would it serve as a step towards changing pervasive societal stereotypes, but it would provide victims of height- and weight-based discrimination a much-needed means to fight back against
unfair prejudice.
It is important to recognize that there are limits on this sort of legislation. People who are clearly unqualified for a job would not be able to get it any more than they could now, and if specific heights or weights were necessary requirements for a particular occupation (for example, modeling), discrimination laws would not necessarily apply. (The same regulations exist under current discrimination laws: For example, it is not against the law to refuse to hire a male actor when casting a female role in a play.)
Viewing Comments 1 - 10 of 13
Joe
posted 4/15/08 @ 12:49 PM EST
"Most people who are clinically obese, or even overweight, are not ordering five Big Macs every morning. Rather, they usually suffer from a metabolism or a thyroid condition that makes it more difficult to remain thin than it would be for other people - even if they have the same diet. (Continued…)
Size does matter
posted 4/15/08 @ 4:36 PM EST
First of all, most people who are clinically obese do overeat. The cause of obesity is very simple: caloric imbalance. All this means is that you eat more calories than you burn, and your body stores the excess energy as fat. (Continued…)
JD
posted 4/15/08 @ 4:36 PM EST
I agree with Joe-- sure, there are some medical conditions that make it more difficult to lose weight, but the most likely reason for being overweight is poor diet and lack of exercise. (Continued…)
J.
posted 4/15/08 @ 5:55 PM EST
Just because it is harder for some people to lose weight than others does not mean it is impossible for them to lose weight. Just as some people need to work harder at math or public speaking, some people need to work harder to lose weight. (Continued…)
Brick
posted 4/15/08 @ 9:27 PM EST
What an inane article. This legislation is a "much needed step" in "changing societal attitudes"? Wow, you guys are fat morons. You're aware that social engineering isn't a legitimate academic discipline, right? Even if it was, you'd clearly fail. (Continued…)
Liz
posted 4/16/08 @ 12:51 AM EST
I have a thyroid problem, and I'm well within the normal weight range.
Kevin
posted 4/16/08 @ 2:52 PM EST
So how much does a value meal at burger king or mcdonalds cost? and how much does a (healthy) nutritional salad or wrap cost? some people may be lazy, but many others may just not be able to eat healthy all the time, both out of lack of time and money. (Continued…)
Stephen
posted 4/16/08 @ 6:04 PM EST
As the other commenters have noted, being fat (obese) is a choice for the vast majority of people. Moreover, obesity is much more of an American problem. (Continued…)
Emily
posted 4/17/08 @ 12:45 PM EST
Losing weight when you're obese isn't nearly as easy as eating fewer snacks and going for a jog every once in a while. I can think of at least two examples of people I know who are obese and eat healthier and exercise more than I do, but their bodies just refuse to lighten up more than a few pounds. (Continued…)
pdm
posted 4/19/08 @ 12:51 AM EST
Even if obesity is a uncontrollable issue for most people, which I don't think it is, then it is still wrong to force employers to ignore that disability in a job applicant. (Continued…)
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