An analysis of weight-based discrimination: obesity as a disability

Article Abstract:

Obesity is gaining recognition as a disability that is protected from employment discrimination under the Rehabilitation Act of 1973. The leading case is Cook v. Rhode Island, Department of Mental Health, Retardation and Hospitals, a 1993 1st Circuit decision in which it was found that the defendant had refused to hire the plaintiff solely because of her obesity. Other cases demonstrate a trend toward including obesity as a disability, although the issue is still a controversial one. More claims are likely to arise from the private sector under the Americans with Disabilities Act.

Discrimination against overweight persons, Overweight persons discrimination

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Disparate impact in the Age Discrimination in Employment Act: the practical implications for employers and employees

Article Abstract:

Many courts have accepted that the disparate impact theory applies to the Age Discrimination in Employment Act despite the US Supreme Court being undecided and this has important implications for both employers and employees. For employees, the disparate impact theory allows them to show simply that an employment decision impacts those over 40 more to prove age discrimination. Employers must determine the relative impacts on employees by age for employment decisions used to remain competitive, such as downsizing and reengineering.

Other Justice, Public Order, and Safety Activities, Equal Protection-Employment, Social aspects, Employment, Equal protection, Corporate reorganizations, Age discrimination

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Fat chance: employment discrimination against the overweight

Article Abstract:

Weight discrimination is not against the law as it presently stands. Many suits have attempted with limited success to prove being overweight is a disability and therefore covered under disability discrimination; but weight bias has been successfully argued in conjunction with sex discrimination. However, employers have the right to establish health criteria when the criteria are necessary to perform the duties of the position. Employers can also establish health standards for health insurance benefits.

Obesity

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