Weight Discrimination Laws Spread to More States

After New York City enacted a law to ban weight and height discrimination, several states are looking to pass different versions of the same law.

Washington, New York, New Jersey and Vermont are racing on the heels of the new law, hoping to ban weight-based discrimination. Obesity discrimination in the workplace became unlawful in Washington in 2019. In New Jersey and Vermont, similar laws have been introduced that could radically change what's expected in terms of equity and inclusion, experts said.

And despite having the lowest obesity percentage at 25 percent, Colorado is also set to adopt protections against weight-related discrimination by employers and landlords.

New York City Mayor Eric Adams signed the legislation into law this year, ruling that weight and height would be protected from discrimination, along with race, gender, age, religion and sexual orientation. The law went into effect on November 26, and Adams said he hopes it helps protect Americans as they navigate employment and housing.

"Science has shown that body type is not a connection to if you're healthy or unhealthy," Adams said. "I think that's a misnomer that we're really dispelling."

Previously, when Americans sued their workplaces for weight discrimination, their cries fell mostly on deaf ears, but the new legislations could change that.

In 2013, 22 cocktail waitresses sued Atlantic City's Borgata Hotel Casino & Spa for forcing the women to endure frequent weigh-ins and allegedly firing employees if they got above a certain weight. The judge ruled in the business' favor, signaling firing over weight is protected under law.

In 2018, dental hygienist Dianne Harris sued her workplace and alleged the company had let her go due to her higher weight. But she was unable to prove the reason for her firing was related to weight, reflecting a tough standard for arguing anti-weight discrimination laws.

More than 4 in 10 Americans are considered obese. While obesity is generally linked to early death from heart disease and cancer, the "Fat Acceptance" movement has centered around the message that not all overweight people are unhealthy, and that size discrimination is a serious problem in America.

Experts said the new laws could likely drive a spree of changes when it comes to rules and how corporations adapt to them.

Dr. Sharon Giese, a plastic surgeon and creator of the Elective Weight Loss (EWL) Program, said the laws are indications of what might be a larger shift to come in corporations. Discrimination against overweight or obese people has been well documented, Giese said, and companies are just starting to get an understanding of how to curb it at the organization level.

"My prediction is this topic will be included in DEI training in the future," Giese told Newsweek. "Overall, yes, I think this change is positive."

There are several financial consequences, though. Because many standard chairs are tested only to cater to those weighing 300 pounds or less, many will have to be altered. The same is true for stairs and elevators, Giese said.

"Hopefully, increasing sensitivity to this medical condition equally will entitle them to medical care and treatment, including weight loss programs and medications," Giese said.

Moving forward, employers will have to develop clear and comprehensive anti-discrimination policies and training that explicitly address weight-based discrimination, said Jessica Childress, the managing attorney of employment law firm Childress Firm PLLC.

"These laws can contribute to creating a more inclusive and diverse work environment by protecting individuals from discrimination based on their weight," Childress told Newsweek. "These laws align with broader efforts to ensure that workplaces are free from biases and discrimination."