Weight Discrimination in the Workplace
by Stephanie Davis, Esq., SPHR EPS Senior Consultant • New York/Tri-State Area sdavis@EPSpros.com Employers can dictate how we perform our jobs, insist we look professional, and ban us from engaging in certain activities at work. How far into our personal lives are employers legally permitted to go? Can an employer tell us how much we should weigh? Can an employer give preferential treatment to thin employees? This newsletter explores the legal questions surrounding the issue of weight discrimination.[1] I. The Backdrop Statistics reflect that Americans are continuing to gain weight. According to the Centers for Disease Control & Prevention, the past 20 years have brought a dramatic increase in obesity, which is typically defined by the medical community to mean greater than 30% body fat for women and more than 25% body fat for men.[2] “Morbid obesity” occurs when a person is 50-100% or 100 pounds above his or her ideal body weight or has more than 39% body fat.[3] To put it a diff...