I never know what jurisdictions you’re talking about, Suzanne; USA, Switzerland, the whole world… I’d guess your audience is mostly American though.

Always love your articles of course.

How about this idea… is discriminating on weight illegal because of the disparate impact? Not all races have the same average weight… http://commonhealth.wbur.org/2012/11/why-are-four-out-of-five-black-women-obese

So isn’t discriminating on weight therefore creating a disparate impact? Never seen this argued anywhere, in any jurisdiction, but it seems to me that it’d be illegal on its face for this reason.

Summon your inner Law and Order watcher and tell me what you think!

Learn something new every day! I fully admit, I’m not up on Michigan law!

I know this might come across as “tattling” on someone; but, often folks who put down others like that do NOT do it in front of managers; and good Lord, I would hate for that person to some day be promoted without management knowing what kind of jerk she could be.

While it is a somewhat different scenario, as a trainer I often notify managers when one of the staff is being a jerk in training class. I tell them that I am handling the situation and they don’t need to do or say anything, But thought they deserved a “heads up” just in case the situation escalates.

The Michigan Department of Civil Rights has authority to accept complaints based on unlawful consideration of religion, race, color, national origin, arrest record, genetic information, sex, age, height, weight, marital status and disability. http://www.michigan.gov/mdcr/0,4613,7-138-4954_4997-16288–,00.html

So in at least some US jurisdictions, discrimination on weight is expressly prohibited.

You SHOULDN’T discriminate based on weight, but unless there is a disability associated with it, you can.

Which generally means the person who is 20 pounds overweight has no protection, but the person who is 200 pounds overweight does.

The EEOC would love to see weight as a protected class.

I was reading your article and noticed that you mentioned that discrimination based on weight isn’t illegal, but the last time I read an article regarding “things you can’t discriminate against when hiring” weight was on the list. Assuming the person can pass the physical, if one is required, you can’t discriminate against them based on their weight (I believe it is now considered a disability if you are overweight). Have I interpreted this wrong? Your insight would be appreciated.

Awwww, thanks! I’m glad you found me too!