Weight is not a protected characteristic in most civil rights laws, meaning that discrimination in the workplace based on weight is largely permitted. However, there is some momentum to include weight as a protected category in civil rights laws, 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 is 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 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 regarding their weight from coworkers.

Impact of Weight Bias

The impact of weight bias can be lasting – employees who experience weight loss may experience depression, anxiety, low self-esteem, isolation, and may even develop physical consequences, like 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 which 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 on weight will only be prohibited insofar as it also constitutes discrimination based on a protected category.

Civil Rights Laws in the Great Lakes Region That Include Weight as a Protected Category

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’s Elliott-Larsen Civil Rights Law prohibits discrimination on the basis of 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.” The definition of physical appearance includes weight. If an employer is found to have violated the ordinance, the employer could face up to a $500 (but no less than $100) fine.
  • Urbana, Illinois. Urbana’s Human Rights Ordinance prohibits discrimination by employers on the basis of “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, employers 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 the focus is on rewarding health behaviors, like exercise and regular health screenings.

Bottom Line

There is 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, employers can remain ahead of the curve by increasing their awareness of weight bias and making changes to policies, benefit programs, and overall work culture as needed.