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Discrimination Over Your Weight

I was wondering if you all would take my survery, and post your comments on being discrimanted against. I face it almsot everyday in department stores, applying for jobs, even in my school work. I thought this would be an interesting topic.

Evidence of discrimination is found at virtually every stage of the employment cycle, including selection, placement, compensation, promotion, discipline and discharge, according to a research review by Mark Roehling, a professor in the Department of Management, Western Michigan University. In addition, the bias extends to assessments of overweight individuals in their various work-related roles both as subordinates and co-workers. Of his findings, Roehling said, "Overall, the evidence of consistent, significant discrimination against overweight employees is sobering."

Roehling reviewed 29 research studies of employment discrimination that included both laboratory and field studies. He found that:

  1. Overweight persons were subject to discrimination in employment decisions based on body weight.

  2. Overweight persons were frequently stereotyped as emotionally impaired, socially handicapped and as possessing negative personality traits.

  3. Wages of mildly obese white women were 5.9 percent lower than standard weight counterparts; morbidly obese white women were 24.1 percent lower, according to two studies. In contrast to females, the wages of mildly obese white and black men were higher than their standard weight counterparts. Men only experienced wage penalties at the very highest weight levels.

  4. "Studies assessing the effect of both employee weight and other suspected bases for discrimination (sex, specific disabilities, etc.) provide evidence of the relative level of weight-based bias; they suggest that weight-related bias may be greater than that associated with other characteristics.

    For example, Pingitore et al's (1994) study manipulating applicant weight, applicant sex and job type, found that applicant weight explained 34.6% of the variance in hiring decisions. In contrast 10.6% of the variance was explained by the sex of the applicant.

    Brink (1988) examined the potential effect of applicant weight, age, sex and race on ratings of candidate acceptability in a laboratory setting. Overweight candidates were rated significantly lower, but none of the other manipulations has a significant effect. A final example is provided by Kennedy and Hormant's (1984) investigation of the effect of social stigmas on decisions regarding employee discharge. They found that participants displayed more negative attitudes toward overweight employees than ex-felons or ex-mental patients."

  5. Michigan is the only state that prohibits employment discrimination on the basis of weight. In studies conducted in settings unrelated to employment, Roehling found some evidence that overweight women were evaluated more negatively than overweight men. Although the findings were not consistent, Roehling stated, "Where an interaction is found, overweight women are evaluated more negatively than overweight men." He also found that overweight persons are denigrated by doctors, nurses, peers, small children and their parent(s).

Wages and Benefits

Several studies have found that women with obesity earned less than non-obese women.

In a study by Rothblum and colleagues, of persons who were 50 percent or more above their ideal weight, 26 percent reported they were denied benefits such as health insurance because of their weight and 17 percent reported being pressured to resign or fired because of their weight.

Legal Issues

The Civil Rights Act of 1964, (Title VII, 42 U.S.C. §2000 et seq.) established basic federal law on employment discrimination. It does not identify weight as a protected characteristic, and as a result does not provide direct protection for obese individuals who have been discriminated against by their employer due to their weight.

The differential application of weight standards, formal or informal, to members of protected classes may constitute disparate treatment discrimination.

In Gerdom v. Continental Airlines Inc., 692 F2d. 602, 30 FEP 235 (9th Cir. 1982; en banc), the court determined that the airline's weight restriction program treated employees differently based on sex because it was designed to apply only to females, and "it was not merely slenderness, but slenderness of female employees which the employer considered critical." The airline argued that it had a competitive strategy featuring attractive flight attendants and that a slender female was a bona fide occupational qualification (BFOQ). The court rejected this argument holding that customer preference unrelated to the ability to do the job cannot justify discriminatory policies.

Disparate treatment may also be found if weight policies designed to apply to all groups are enforced at a significantly higher rate against a protected group. Union of Flight Attendants v. Pan American World Airways, Inc., 50 FEP 1698 (N.D. Cal 1987)

An employer's use of formal or informal weight standards may involve illegal discrimination if, though neutral on its face, the rule has a significant disparate impact on a protected class. In other words, if a claimant established that the weight rule was having an adverse impact on African Americans, Title VII would require an employer to justify its weight rules by showing that it is job-related and consistent with business necessity.

Rehabilitation Act and the Americans with Disabilities Act (ADA)

The Rehabilitation Act and the ADA provide protection against employment discrimination. Under both acts, a person must establish that he or she is an individual with a disability within the meaning of the acts. This includes anyone who has a physical or mental disability that substantially limits one or more major life activities of the individual, a record of such impairment or who is regarded as having such impairment. Equal Employment Opportunities Commission (EEOC)

EEOC regulations define "major life activities" as "functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. The regulations require that the 'working" limitation requires evidence of being significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities. The inability to perform a specific job does not constitute a substantial limitation in the major life activity of working. The EEOC regulations implementing the ADA explicitly excludes height or weight within normal ranges and are not the result of a physiological disorder. According to the regulation, obesity will considered as a disability except in "rare circumstances." (29 C.F.R. §1630.2)

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Top Posters In This Topic

Have you been discriminated against based on your weight? 1 member has voted

  1. 1. Have you been discriminated against based on your weight?

    • Yes, in employment (either looking for a job, or already have one)
      19%
      144
    • Yes, in a food establishment
      14%
      110
    • Yes, in a deparment store setting
      22%
      169
    • Yes, in an educational setting
      10%
      79
    • Yes, in a public function (concert, party, club, etc...)
      23%
      176
    • No, I have not been discriminated against based on my weight
      8%
      64

Please sign in or register to vote in this poll.

Featured Replies

I thought I'd seen or experienced every kind of discrimination there is.

But nothing has PROFOUNDLY affected my life than being overweight as a child and obese as an adult. Without a doubt it affected every single aspect of my adulthood from professional (The 'lighter' I am, the more I've earned - since college graduation this has been true) to social to romantic.

Discrimination based on weight is real, and it's profound. It is overwhelmingly the most obvious, direct, and acceptable form of discrimination allowed in our society today.

I can't even number the episodes, quantify the amount or even document some of the most aggregious examples of discrimination I've suffered. It's too numerous,

but the effects have been etched on me and my psyche. And that's true.

Someday I'd love to have real advocacy for people who are 'of size' or 'obese' or whatever we prefer to be called. I think there is a silent (majority?) who deserve to have its voice heard, and to band together to prevent further infection of weight discrimination.

Happy Band Journeys To All...

I didn't have to complain. We have pretty good friends. Without a fuss my husband and Greig, Tera's husband, went to the owner who was near the front and quietly talked to him. I begged them to wait till the end before we left to go dancing cause I didn't want to deal with the stares and the possible very public apology and then even worse service by them raising a fuss early in the dinner. They didn't listen, but the owner was nice about it. He took our address from rob, and never even looked towards me. At first I thought it was a wasted effort. Today in the mail I got a 2 PAGE apology letter from him. Can you believe it?? He said he would be happy to provide me with a refund, or a free meal, or whatever I wanted for this, but the leter was perfect and all I want. I will call him later to thank him. THAT is the way things should be dealt with.

Amy,

I am wiping the tears from my eyes reading about your experience and the letter you received. I've never experienced anything quite so blantant. How proud you must be of your friends and your husband. They went as a messenger to right a wrong. The only thing better, in my opinion, would have been a letter from the waitress. It just wants you to look for something about them and ask them how they can live with whatever (hair above their lip, bushy eyebrows, small boobs, etc.) You are a better person than me. I applaud the one you handled it.

I have always had an interest in acting. At one point in my life I really went for it. Studied in London, NYC and started auditioning. I was very good I have to say. I had people tell me "I had it" and to "never stop trying". But the terrible treatment I received in auditions and from other actors because of my weight and on sets was so traumatizing I quit acting and although I long to do it again, I'm afriad to because it was so damaging to my self esteem.

Just recently, I was sitting in a circle of women at a salon and a salesman came by with samples and handed them to everyone BUT ME. He looked at me and walked away.

  • 3 weeks later...

I've honestly never faced discrimination over my weight, but at my highest I was no more than 80lb overweight - given I'm tall that's fat for sure but I always blended in with people in general since these days more than half the population is overweight.

However, had I wanted to return to receptionist type work over the past few years rather than stay home with kids, I'm pretty sure I'd have not gotten jobs based on the way I looked. Mainly because I just couldnt pull together that efficient, groomed look when I felt sloppy and fat and poorly dressed.

I almost never get my window washed at the gas station.. !

If I go with my daughter, she does!

lol

I haven't weighed less than 250 lbs since I was in my 20's (and that's 3 decades ago). I am quite sure I have been discriminated against because yes indeed fat discrimination is alive and well!!, but never have I been aware of it in an obvious way. I have acheived a lot both in my education, my career, and in my personal life and have been recognized for many achievements. Much of how we are treated is dependent on how we perceive ourselves, how we present ourselves, and how we treat others. People are much more interested in themselves than they are anyone else....we just have to take the focus off ourselves and put it on them in a positive way. That attitude is good for our own well-being and miraculously turns many of those people who could easily be fat-bashers into nicer-acting people when you are around.

  • 3 months later...

Within the past few years, I have seen TV shows like 20/20 and Dateline NBC do segments on discrimination.

They did things like send people to a car dealership, or to rent a house, to apply for a job, etc.

When one person was better looking, (s)he got preference.

When one person was white and the other Black, the white person got preference.

When one person was slimmer, (s)he got preference.

For buying cars, the men got a better deal without even trying to bargain.

When one woman was blond, she got preference.

What was funny, was that people tend to discriminate against one group, even when they are in another group that gets discriminated against.

In other words, don't expect a Black person to treat you fairly if you are fat and your competition is slender. Just because a person has experienced discrimination, doesn't mean he can see it when he does it.

If you have not seen the academy award winning movie "Crash" yet, I suggest that you see it because this theme runs throughout the movie.

But getting back to the thread, we as people of weight, need to clean up our own act and maybe even get together with other discriminated groups so as to be more aware of each other's situation and also because there is power in numbers.

I have been discriminated against because of my sex - I am a woman who builds aircraft - but I don't know that I have been personally discriminated against because of weight; if I have, it hasn't been to my face. I do know that all larger women are being discriminated against when it comes to buying clothes. Once you hit those plus sizes it's good-bye to natural fibres and the cute little black dress, and hello! synthetics, florals, pastel colours, and cute appliques. It is like the fashion world wants to punish the fat girl for something that is the result of genetics and a modern lifestyle. I've also been cursed with big feet and I can't get cute shoes, either. Seems that there is a cut-off point here, too. I guess this is my personal peeve.

And T.O.M., your comments concerning discrimination are right on the money. It seems that there is a part of all of us that tends to favour the in-group. This is why the Hollywood fantasies continue to flourish. We all want to see something that is better and more attractive than our usual selves.

  • 4 weeks later...

I have been discriminated against in all aspects. Just recently, i got passed over for a promotion. The girl that was promoted to supervisor has less experience but she is very thin and very flirty. Well the girl is doing a horrible job and our boss came up to me and offered me the position. I declined and i am currently looking for a new job. I don't want to work in such a toxic enviroment any more. I haven't quit yet, i don't want to be jobless, but i can't wait until i find the new job and i can tell them all goodbye.

Within the past few years, I have seen TV shows like 20/20 and Dateline NBC do segments on discrimination.

The best one Ive seen is the woman who wore a fat suit for several days and she was actually reduced to tears by how people treated her. The only positive is she got to take it off and return to skinny life.

  • 3 weeks later...

Hi all,

I've been discriminated against too. I dress very professionally at all times because I don't want to be seen as fat AND a slob. That doesn't help though. They'll still do it. My most recent was just this weekend. I went into this store that I frequent alot.

I need to start way back though. There's a lady who has been working there for 15 years. I find something to like about everybody but this woman just grinds me. 15 years ago, when my youngest son was 6 months old, I had him in a stroller and had a 6 year old tagging along, I was shopping here. I was overweight then too. Maybe 225 pounds. I had my arms full of clothes to try on and my purse and diaperbag hung on the back of the stroller. Well...the stroller began tipping over backwards with my baby in it. I was trying to hold the clothes and rescue him and keep the 6 year old from running away. A real struggle in a hot and crowded store. She just stood there watching me struggle. Didn't offer to take the clothes or anything. I finally dropped all the clothes in the floor and rescued my child. She immediately looked at me in disgust and said, "If you'd have asked, I'd have taken them". I lost it! I asked why in the world did I need to ask when she's there to help the customer and she saw that i obviously needed her to take the clothing. She began to cry and the manager came over and apologized saying that she was a new employee.

Everytime I go into this store, this woman is rude. She's still there after 15 years, I don't know how. It's a chain. She never offers to help anyone and you have to hunt her down when you need help. If you ever return anything, she acts like the money is coming out of her pocket.

Anyway, this weekend, I went in the store. I needed an orange shirt for Halloween. I was in a size 22-24 shirt before being banded on Oct.3rd and now I'm in an 18!! Yeah!! But anyhow... there was one orange shirt in this store and it was hanging up high. I hunted her down and asked her to please see what size it was. She looked at me and said " it's too small for you." I said, "if you don't mind, I'd still like to know what size it is." She sighed and went to get it down. She said "It's an 18! I TOLD you it was too small for you!" THEN she walks over and picks up another shirt that was a light peachy color and said "here, this may work for you. It's a size 28-30." I just looked at her, turned and walked out. I WILL NOT put up with this any longer. I will be sending a letter to the corporate office as soon as I find out her name.

People are unbelieveable! I never once told her that I was looking for a shirt for myself.

I would absolutely LOVE being an advocate for people who are overweight.

If you notice..I didn't say overweight people but people who are overweight. First and foremost, we are people! We don't need to be identified that way!

Hi all,

I've been discriminated against too. I dress very professionally at all times because I don't want to be seen as fat AND a slob. That doesn't help though. They'll still do it. My most recent was just this weekend. I went into this store that I frequent alot.

I need to start way back though. There's a lady who has been working there for 15 years. I find something to like about everybody but this woman just grinds me. 15 years ago, when my youngest son was 6 months old, I had him in a stroller and had a 6 year old tagging along, I was shopping here. I was overweight then too. Maybe 225 pounds. I had my arms full of clothes to try on and my purse and diaperbag hung on the back of the stroller. Well...the stroller began tipping over backwards with my baby in it. I was trying to hold the clothes and rescue him and keep the 6 year old from running away. A real struggle in a hot and crowded store. She just stood there watching me struggle. Didn't offer to take the clothes or anything. I finally dropped all the clothes in the floor and rescued my child. She immediately looked at me in disgust and said, "If you'd have asked, I'd have taken them". I lost it! I asked why in the world did I need to ask when she's there to help the customer and she saw that i obviously needed her to take the clothing. She began to cry and the manager came over and apologized saying that she was a new employee.

Everytime I go into this store, this woman is rude. She's still there after 15 years, I don't know how. It's a chain. She never offers to help anyone and you have to hunt her down when you need help. If you ever return anything, she acts like the money is coming out of her pocket.

Anyway, this weekend, I went in the store. I needed an orange shirt for Halloween. I was in a size 22-24 shirt before being banded on Oct.3rd and now I'm in an 18!! Yeah!! But anyhow... there was one orange shirt in this store and it was hanging up high. I hunted her down and asked her to please see what size it was. She looked at me and said " it's too small for you." I said, "if you don't mind, I'd still like to know what size it is." She sighed and went to get it down. She said "It's an 18! I TOLD you it was too small for you!" THEN she walks over and picks up another shirt that was a light peachy color and said "here, this may work for you. It's a size 28-30." I just looked at her, turned and walked out. I WILL NOT put up with this any longer. I will be sending a letter to the corporate office as soon as I find out her name.

People are unbelieveable! I never once told her that I was looking for a shirt for myself.

I would absolutely LOVE being an advocate for people who are overweight.

If you notice..I didn't say overweight people but people who are overweight. First and foremost, we are people! We don't need to be identified that way!

What took you so long to send the letter? You are about 13 years late!! :faint::P

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