CAREERS NOW 02-11-07

Is 'Fattism' The Last Bastion Of Job Bias?

DEAR JOYCE: Recently I applied for a job for which I am well qualified but which I did not get. A friend who works in the HR (human resources) office privately told me that I was rejected because of my weight. Okay, I'm very pudgy but I wouldn't say I'm fat.

Have I been discriminated against because of my waistline? Please do not tell me to join a gym or go on a diet - done that, doesn't work. Do I have legal recourse? - K.R.T.

Yes, I think you may have been the target of "fattism," a British word that means discrimination based on a person's weight, a bias as real as sexism, racism and ageism. The physical condition that fuels fattism - obesity - is gaining recognition as a workplace issue in the U.S., according to a report by the Society for Human Resource Management.

As for workouts and dieting, don't worry - I wouldn't dream of giving fitness or nutritional advice, as I sit at my computer stuffing peanuts in my mouth.

I also pass on giving legal advice, not merely because I misplaced my law school degree, but because each case is different and may be governed by local, state or federal law (Americans with Disabilities Act). Although U.S. laws generally do not prohibit employers from discriminating based on physical appearance, get the definitive word on your specific situation from an employment lawyer; find one through the National Employment Lawyers Association's Web site, nela.org. You can do preliminary research on the Web site of the National Association to Advance Fat Acceptance, naafa.org.

GIRTH OF A NATION. The vastness of super sizing is an eye-opener. Nearly everyone has heard the headline statistics: Two-thirds of the U.S. population weighs in as overweight or obese, as measured by the Body Mass Index, a formula using height and weight to determine obesity.

Even kids are said to be at risk: The generation born in the year 2000 may be the first with shorter life spans than their parents, and one third could develop Type II diabetes in their teens.

Awakened schools and companies across the land are junking fat-friendly foods in favor of healthier choices, instituting wellness programs and offering rewards for shaping up.

As employers are continually bombarded by messages urging them to combat the spiraling cost of health insurance and to bump up profit margins by launching health initiatives that cut the fat, is it surprising that they don't value the diversity gains they'd get by hiring overweight candidates?

TOO FAT TO HIRE? Research commissioned by the American Obesity Association says that fattism is found at virtually every stage of the employment cycle, including hiring, pay, promotion and firing. (Although I was unable to contact the AOA by phone and its site's last update is 2005, check out the substantial data collection at obesity.org.)

In a survey by The Ladders (theladders.com), a major recruiting site for executives, 75 percent of executives judge being overweight to be a "serious career impediment."

From a study in the U.K: 23 percent of people concerned with their weight believe their career was held back or hindered by bias; 21 percent report their weight led to associates undervaluing their abilities; and 60 percent say they have been bullied, made fun of or discriminated against because of their size.

So how do you fight fattism in the job market? Until the overweight workforce gets greater protection through new statutes, without a medical reason the battle is too often a do-it-yourself project. One resource to get you started: the Marion, N.Y. -based Council on Size and Weight Discrimination's site, cswd.org.

ACROSS THE POND. In England, employers are within their rights to refuse to hire obese job candidates - providing there is no medical reason for their weight problem, according to a recent announcement by Liverpool law firm DWF.

But the Liverpool lawyers' pronouncement doesn't seem to fit American sensibilities as the nation becomes more aware that fattism may well be the last bastion of discrimination in the workplace. The controversy continues as overweight workers hope for acceptance and equal opportunities, while employers insist that appearance is a fair criterion for hiring and a job-related cost factor.

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