EEO Laws & Obesity
The American Obesity Association revealed that individuals who are obese are subjected to negative actions in employment practices. Obese persons tend to be unaware of protections provided by laws, as obesity is often seen as a condition that a person can control. However, protections against weight discrimination depend on not only local and state laws, but also on the interpretation of federal laws.
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Federal Law
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Federal civil rights laws prohibit discrimination of individuals based on race, national origin, religion, disability, and age, and do not provide protection based on weight. However, the American with Disabilities Act (ADA) provides protection to those individuals who are morbidly obese, where the obesity is the result of a physiological condition or disorder, and the obesity substantially limits one or more major life activity. According to the ADA, morbid obesity is defined as body weight over 100 percent of the normal body weight. Physiological conditions such as depression, Cushing syndrome (hormone disorder), Prader Willi syndrome (genetic disorder), and Alstrom syndrome (genetic disease), are the common conditions known to cause obesity. Any claims of weight discrimination under the ADA are investigated and resolved by the Equal Employment Opportunity Commission (EEOC).
State Law
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Michigan is the only state that provides protection against weight discrimination. The Elliot-Larsens Civil Rights Act of 1976, prohibits individuals from weight discrimination in all areas of employment opportunities, including, but not limited to: advertising, training, promotion and termination. The Elliot-Larsens Civil Rights Act is enforced by the Michigan Department of Civil Rights.
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Local Ordinance
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Although Michigan is the only state that prohibits weight discrimination, there are cities that have taken a stance against this type of discrimination.
Article 33 of the San Fransisco [California] police code prohibits discrimination on the basis of weight in employment. It prohibits those employers from discrimination in advertising, hiring and other employment practices, and does not apply to those businesses that have five or fewer employees. The San Fransisco human rights commission is in charge of enforcing the San Fransisco Police Code.
The city of Santa Cruz (California) prohibits discrimination based on a person's weight in advertisement and all employment practices. Title 9section .83 of the Santa Cruz municipal code's purpose is to "promote the public health and welfare of all persons who live and work in Santa Cruz." It specifically prohibits subjecting individuals to differential treatment in employment practices because of their weight. The municipal code further prohibits discrimination in referring applicants for a job or position. An aggrieved employee must exhaust an employer's grievance procedure before filing a complaint under Santa Cruz's municipal code. Title 9 is enforced by the city of Santa Cruz and complaints should be filed with the person designated by the city to receive such complaints.
The District of Columbia Human Rights Act of 1977, prohibits discrimination based on personal appearance. It further defines personal appearance as bodily conditions or characteristics. The act specific provides protection to applicants and employees in the area of employment practices. The District of Columbia's Office of Human Rights is responsible for the enforcement of the Human Rights Act of 1977.
Court Ruling
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In the case of EEOC v. Watkins Motor Lines, Inc., a 405 pound man was injured on the job while performing the duties of his position. The employee was seen by the industrial clinic doctor who indicated that the employee had a limited range of motion and was short of breath after a few steps and made the most notable item that the employee weighed 405 pounds. The doctor concluded that the employee could not safely perform the duties of his job and as such, he was terminated from employment. The EEOC filed a lawsuit on the employee's behalf and appealed to the 6th Circuit Federal Appeals Court asking that morbid obesity is always considered a disability under the Americans with Disabilities Act. The court refused and cited that, although the ADA does not specifically provide a protection for morbid obesity, it does provide protection for a physiological disorder or condition. As such, morbid obesity will not always qualify as an impairment under the American with Disabilities Act.
EEOC Policy Analysis
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The Equal Employment Opportunity Commission takes the stand that while weight is not a protected class, if an employer discriminates against individuals because of weight, and that policy has an adverse impact on individuals who belong to a protected class (i.e. race, national origin), then there may be a claim for discrimination under Title VII of the Civil Rights Act of 1964. The burden would be on the employer to provide statistics that show their policy has not adversely impacted a protected class of people. In addition, EEOC has provided that pre-employment inquiries about weight, unless necessary for a job, should be avoided as it could have an adverse impact on those groups protected under the federal civil rights laws.
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References
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