Even though discrimination based on weight has a negative impact on people's health and wellness, there is only one state in the U.S – Michigan – that has an anti-weight discrimination law.
Weight stigma or bias generally refers to negative weight-related attitudes toward an individual with excess weight or obesity. These attitudes are often manifested by negative stereotypes (e.g., that persons with obesity are “lazy” or “lacking in willpower”), social rejection and prejudice.
Severe or morbid obesity is a disability. Morbid obesity substantially limits the person's ability to walk, stand, kneel, stoop and breathe. These are all “major life activities” under the ADA and ADAAA.
Even though discrimination based on weight has a negative impact on people's health and wellness, there is only one state in the U.S – Michigan – that has an anti-weight discrimination law.
While Texas does not yet have any active legislation to protect against weight discrimination, several Fifth Circuit courts have made moves in the right direction.
While Texas does not yet have any active legislation to protect against weight discrimination, several Fifth Circuit courts have made moves in the right direction.
The workplace is a common setting where weight bias and discrimination occur. Employees who have a higher body weight face weight-based inequities in employment including unfair hiring practices, lower wages, fewer promotions, harassment from co-workers, and unfair job termination.
Older adults face more subtle forms of weight stigma in their daily environment. For example, in many doctor's offices, examination tables and gowns do not accommodate people of larger size. This is also true on many commercial airplanes, where seats will not fit an individual who carries significant excess weight.
So an employee might be deemed disabled if they have a BMI of 40 or more and the obesity has a real impact on their ability to participate in work.