News & Analysis as of November 17, 2024

Weight Discrimination

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Pretty-Privilege: The Ugly Truth About Appearance Discrimination

Husch Blackwell LLP on 4/8/2024

In the complex tapestry of workplace dynamics, there exists an often unspoken advantage known as the beauty premium or “pretty privilege.” This phenomenon refers to the societal bias toward individuals who are perceived as...more

Attention, New York City Employers: Discrimination Based on Height or Weight Is Now Prohibited

BakerHostetler on 5/31/2023

As previewed in a prior alert, discrimination based on height or weight is now prohibited in New York City. On May 26, Mayor Eric Adams signed into law the bill that the New York City Council passed on May 11, which adds a...more

Current Trends In Combating Weight Discrimination In The Workplace

Fisher Phillips on 5/21/2020

Employers everywhere should be well-versed in the main federal civil rights laws, offering protection to your employees and applicants from workplace discrimination based on age, disability, sex, gender, religion, race, and...more

Is Obesity A “Per Se” Disability? One Court Says No.

Constangy, Brooks, Smith & Prophete, LLP on 4/8/2016

A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a “disability” within the meaning of the Americans with Disabilities Act — even as amended in 2009 — unless the condition was...more

Obesity, Mere Physical Characteristic or Disability Protected Under Law?

Foley & Lardner LLP on 6/16/2015

It is no secret that the U.S. has a weight problem. We all hear the news about how American waistlines continue to expand, the various theories behind what is causing the trend and endless advice to reverse it. The American...more

Employers, Check Your Weight-Bias: Obesity, Disability, And The Broadened Coverage Of The ADAAA

Burr & Forman on 1/8/2014

A study released by the Center for Disease Control in August 2012 estimates that 32 percent of adults in Alabama are obese. Alabama regularly appears in the Top Five of the list of “heaviest states,” currently weighing in at...more

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