Watch for Ways to Remove Weight Bias from your Workplace

Weight is not a protected characteristic in most civil rights laws, meaning workplace discrimination based on weight is largely permitted. There is some momentum to include weight as a protected category in civil rights laws, however, given the growing body of research on the impact of weight bias. Employees who have high body weight may experience the workplace very differently than their thinner counterparts. As employers, it’s important to understand weight bias and your responsibilities under state and local laws to avoid discrimination based on weight.

Stigma and Weight Bias in the Workplace

Stereotypes about people with a high body weight characterize them as lazy and without self-discipline. When employers and coworkers hold these stereotypes, it can contribute to them knowingly or unknowingly discriminating against an employee based on weight, which can take various forms. An employee with higher body weight may be denied a promotion, face harsher discipline, or even get fired because of their weight or failure to lose weight.

Additionally, some company benefits or wellness programs place weight loss as a target to qualify the employee for certain benefits or incentives, which may increase stigma for the employee. The employee may also find themselves the target of negative treatment or derogatory comments from coworkers regarding their weight.

Impact of Weight Bias

The impact of weight bias can be lasting—employees who experience weight loss may experience:

• Depression;
• Anxiety;
• Low self-esteem; and
• Isolation.

They may even develop physical consequences, such as an eating disorder, higher blood pressure, or physiological stress.

Historically, Weight Has Been Excluded as a Protected Category

Despite the negative consequences of weight bias and discrimination, most civil laws that prohibit discrimination based on other identity characteristics—such as age, race, gender or disability—do not include weight.

In jurisdictions where weight is not a protected category, discrimination based on weight will be prohibited only insofar as it also constitutes discrimination based on a protected category.

Weight as a Protected Category in the Great Lakes Region

Despite the general rule that discrimination based on weight is not prohibited, there are some important state and local exceptions in the Great Lakes region:

• Michigan: Michigan’s Elliott-Larsen Civil Rights Law prohibits discrimination based on a variety of characteristics, including both height and weight. There are various remedies and penalties available under the law to address violations, including payment of damages and fines ranging from $10,000 to $50,000 depending on the number of violations.
• Madison, Wisconsin: Madison’s Equal Opportunities Ordinance prohibits discrimination in employment based on, among other characteristics, “physical appearance,” which includes weight. If an employer is found to have violated the ordinance, it could face a fine up to $500 but no less than $100.
• Urbana, Illinois: Urbana’s Human Rights Ordinance prohibits discrimination by employers based on “personal appearance,” the description of which includes weight. Anyone found in violation of the ordinance may be subject to a fine of no more than $500 for each violation.

Tips for Employers

Despite the limited jurisdictions where weight discrimination is prohibited, you should still be aware of potential weight bias in the workplace given its negative outcomes for the individuals targeted. Begin with increasing awareness of your own beliefs about people with high body weight. This will help you notice how weight bias may show up in your workplace. The UConn Rudd Center for Food Policy and Health has published recommendations for employers to address weight bias, which include recognizing the stigma that individuals with higher weight face, creating policies to prohibit weight discrimination, and addressing incidents of weight bias effectively.

Wellness programs are also an area that could benefit from a review for weight bias. If weight loss is a current target for the wellness program, consider restructuring the program so that weight loss is not the target and instead shift the focus to rewarding health behaviors, such as exercise and regular health screenings.

Bottom Line

There’s a growing focus on weight bias and discrimination based on weight in the workplace. Though legislation on a federal or even state level to include weight as a protected characteristic under civil rights laws is not likely to be forthcoming, you can remain ahead of the curve by increasing your awareness of weight bias and making changes to policies, benefit programs, and overall work culture as needed.

Katy Adler is an attorney with Axley LLP in Waukesha, Wisconsin. She can be reached at 262-409-2299 or kadler@axley.com.

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