Anglo-American Comparison of Employers’ Liability for Discrimination in Employment based on Weightism

Thursday, 1 October, 2015

From the abstract:

This article analyses and compares research into discrimination based on weight (weightism) and the legal rules that cover it in the United Kingdom and the United States. Weightism is discrimination that is often based on stereotypical views of people who have weight issues, especially people who are obese or very thin. This article will restrict its attention to discrimination against obese employees; however, what is said applies to both categories of employees because extremely thin employees will experience similar discriminatory treatment at the hands of their employers and are entitled to the same legal protection. There has been a general lack of precedent in both jurisdictions which makes determining entitlement to legal rights difficult and uncertain. It is therefore particularly apt to review employers’ liability in this area given the recent European Court of Justice decision in FOA, Kaltoft v Billund Kommune.