An Employer Enabled Form of Discrimination that's Legal in Nearly Every US State

According to American Progress, workplace discrimination costs American companies around $64 billion annually. Meanwhile, American companies have each spent up to $450,000 this past year on their Diversity, Equity & Inclusion (DEI) programs.

How can it be that a major form of workplace discrimination has been left unchecked in 2021?

As a person who has struggled with eating disorders and weight management most of my life, I can attest to the prevalence of weight discrimination. I am treated differently when I'm a size 8 than when I'm a size 20. Can you relate?

We are heading into the season of resolutions, many of which will involve weight loss or eating habits, so I feel it’s a good time to put this topic under the spotlight.

Weight discrimination is rampant and legal in 49 U.S. states.

The Supreme Court has upheld lower court decisions that employers CAN discriminate on the basis of weight (excluding ADA conditions). About 40% of Americans are overweight and studies show us that this impacts these individuals’ ability to get a job, how they are measured on performance reviews, their compensation progression and their retention.

While other forms of explicit discrimination have decreased significantly in recent years (racism by 37% and homophobia by 50%), negative attitudes toward obese individuals has only declined 15% during the same time period. 

Why are so many holding onto their believe that weight discrimination is okay?

One factor may be the influence of employers.

According to KFF, about 88% of all large employers offer some sort of workplace Wellness program and 84% place emphasis on weight management activities. Wellness programs seem like a positive employer endeavor on the surface; however, studies have found that they actually increase weight stigma and discrimination. 

It’s important to understand that obesity and excess weight can develop from external factors and aren’t always within the person’s control.

  • Socioeconomic status is negatively correlated with obesity. Healthy food tends to be more expensive, which can influence food purchasing behavior, and not everyone can afford high quality proteins and produce.

  • Recreation space may not be readily available and may influence a person’s physical activity decisions. Additionally, there can be negative attention when an overweight person exercises in public.

  • Work expectations can force an individual to live a more sedentary lifestyle than they would otherwise choose. Sitting at a computer for 8+ hours a day to meet company expectations can lead to weight gain.

  • Stress is a critical risk factor in the development of addictive disorders and relapse. Obesity can be caused by food addiction, which can come about because of stress. High levels of stress can increase cortisol levels in the body, which can increase appetite, desire for high calorie foods and can cause white adipose tissue to redistribute to the abdomen.

  • Cultural differences can impact food and exercise choices and can lead to weight gain.

  • Genetics can predispose a person to being overweight. Studies have shown that 40% to 70% of differences in BMI are explained by genetics.

When you understand that being overweight can result from factors beyond a person’s control, an employer program that focuses on weight loss goals and activities can leave these employees feeling excluded, inadequate and shameful. Add into this employer-induced work stress, long hours at a desk, limited breaks and few on-site food options, and you wind up with a recipe for employer-caused and enabled discrimination.