Eliminate Weight Discrimination in the Workplace: A Guide for HR Leaders

An employee hesitates to apply for a promotion, fearing judgment about their appearance rather than their abilities. A talented candidate gets passed over despite perfect qualifications. A team member skips company social events to avoid comments about their food choices. 

Weight discrimination affects real people in real ways, and it’s time for it to stop.

If you’re trying to build a more inclusive workplace, then it’s a good idea to spend some time on weight discrimination. This is a serious issue that affects millions of workers. And it’s poised to become an issue that impacts an ever-larger segment of your workforce: Estimates show almost half of all U.S. adults will be obese by 2030, according to a report from StatPearls Publishing. 

However, you have the power to take actions that come with real results for addressing weight bias or discrimination. Let's dive into how.

What Is Weight Discrimination?

Weight discrimination is when an individual faces unfair treatment or bias based on their body weight or size. This form of discrimination can cause victims to experience reduced opportunities, harassment, or unfavorable treatment solely because of their weight. Unfortunately, more than half of all adults in the United States have experienced weight discrimination, according to a survey of 3,800 Americans published in the Obesity Research & Clinical Practice journal.

These biases can easily show up in many workplace scenarios. An equally qualified candidate might be passed over for a customer-facing role due to their size. Or an employee might be excluded from leadership opportunities despite their capabilities. 

Some employees face microaggressions, like comments about their food choices or assumptions about their health habits. While these comments may seem relatively inconsequential, weight discrimination and weight stigma can lead to worse health outcomes for the victims, according to a study published in the International Journal of Obesity. That’s why it’s so important to combat weight discrimination in all its forms.

Legal Framework

While weight isn’t explicitly protected under federal law, there are several legal frameworks that provide protection against multiple types of weight discrimination:

• Americans with Disabilities Act (ADA): The ADA can protect individuals whose weight substantially limits one or more major life activities. Employers must provide reasonable accommodations and prevent discrimination when obesity qualifies as a disability. This might include modifying workspaces, adjusting physical requirements, or providing alternative arrangements when necessary.
• Civil Rights Act of 1964: While weight isn’t directly covered, this act can become relevant when it intersects with protected characteristics. For example, if weight-based discrimination disproportionately affects certain racial groups or genders, it may violate Title VII protections. 
• State and local laws: Michigan is the only state that explicitly protects against weight-based discrimination, thanks to the Elliott Larsen Civil Rights Act of 1976. Some cities may also have specific protections for weight discrimination. For example, San Francisco amended its laws in 2000 to include weight as a protected category.

Recognizing Different Types of Weight Discrimination

Weight discrimination isn’t always as obvious as direct harassment or explicit bias (though it can be). It commonly manifests in subtle ways that can be harder to identify and address, but are equally harmful to employees and organizational culture. 

These are some of the most common types of weight discrimination:

• Overt discrimination: This includes making comments about an employee’s size during performance reviews, implementing weight requirements for certain roles without business necessity, or denying promotions based on assumptions about physical capabilities. 
• Workplace harassment: Typically includes ongoing negative comments about weight, sharing offensive jokes or memes about body size, or creating a hostile environment where weight-related bullying is tolerated. This behavior can create a toxic workplace culture and decrease employee morale. 
• Institutional barriers: Organizations might unknowingly perpetuate weight discrimination through policies or practices that disadvantage employees based on size. For example, this could include office furniture that doesn’t accommodate all body types, uniforms available only in limited sizes, or wellness programs that stigmatize higher-weight workers.
• Microaggressions: These subtle forms of discrimination include backhanded compliments about weight loss, assumptions about eating habits or health status, or excluding employees from team photos or activities based on their size. Almost half of all American workers have experienced a microaggression at work, according to Statista. While these actions might seem minor in isolation, their cumulative effect can be harmful to employee wellbeing and performance.

Preventing Weight Discrimination

It’s possible to create an environment free from weight discrimination. But it takes hard work, time, and perseverance. As an HR leader, you’re in a unique position to address both obvious and subtle forms of weight bias in your organization. You can implement clear policies, provide regular training, and establish consistent practices that protect all employees regardless of their size or appearance. Here are some things to consider:

• Company policies: Create clear, specific policies that explicitly include weight as a protected characteristic along with other forms of discrimination. These policies should outline prohibited behaviors, reporting procedures, and consequences for violations. Also, include examples of both obvious and subtle forms of weight discrimination to help employees understand what constitutes unacceptable behavior.
• Trainingand education: Implement mandatory training sessions that address weight bias along with other diversity and inclusion topics. These should include real-world scenarios, interactive discussions, and practical strategies for recognizing and addressing bias. It might be a good idea to offer specialized training for managers who make hiring and promotion decisions.
• Recruitmentand hiring: Develop standardized interview questions and evaluation criteria that focus solely on job-related qualifications. It’s also a good idea to use diverse interview panels to increase representation. Finally, having clear documentation requirements for hiring decisions can help you confirm that those making hiring decisions are doing so based on objective criteria.
• Performance management: Establish clear performance metrics that focus on measurable outcomes rather than subjective assessments. Give managers the tools and training they need to conduct bias-free evaluations

Addressing Weight Discrimination

Weight discrimination happens. Microaggressions are common. But that doesn’t mean you should just let them slide. How HR and upper management react to instances of weight discrimination can prevent future incidents. This means you’ll want to create clear procedures for handling complaints while protecting both the complainant and the investigation process. Here’s how:

1. Set Up Complaint Procedures

The first step to creating a weight-discrimination-free organization is to create an effective reporting mechanism. Employees should know where and how to report instances of weight discrimination, be it overt or implicit. Try the following best practices for this:

• Create multiple reporting channels: Create many ways for employees to report discrimination, including contacting their direct supervisor, speaking with HR, filling out an anonymous survey, or calling a discrimination hotline. These channels should be easily accessible to all employees. And don’t forget to tell and remind employees about them!
• Provide clear documentation requirements: Establish clear protocols for recording complaints, including necessary information, timeline expectations, and confidentiality measures. Do employees need to fill out an incident report? Do they need to have any proof before coming forward? What happens if it was a verbal aggression and there were no witnesses? Your documentation requirements should address these common questions.

2. Investigate Complaints

This is where it’s your turn to walk the talk. Taking complaints seriously and conducting a thorough investigation can make or break your anti-weight bias efforts. This is what will show your team how serious the company is about preventing this type of discrimination. Here’s how to conduct an investigation:

1. Respond immediately: The best way to signal to the victim that you’re taking this seriously is to respond right away. You don’t have to provide a resolution or even lay out the next steps right away. Just a simple acknowledgment and confirmation that you’re on it will suffice at this point. If the complaint happened in person or over the phone, then this is your time to create a written record of the initial report to help the complainant feel heard and supported.
2. Gather preliminary information: Conduct an initial assessment of the complaint, gathering information like specific incidents, dates, locations, and people involved. Request a detailed written statement from the complainant that includes as much information as they are willing to share.
3. Assemble an investigation team: Talk to other stakeholders, like HR colleagues, managers of the people involved, and potentially an external neutral investigator. Then, develop a structured investigation plan that includes the scope, methodology, and expected timeline for addressing the complaint.
4. Collect evidence: Gather all relevant evidence, including witness interviews, email communications, performance reviews, and any other documented interactions between the parties involved.
5. Conduct interviews: Interview all relevant parties, including the complainant, the accused individual, and potential witnesses.
6. Analyze evidence: Carefully evaluate all evidence, looking for consistent patterns and fact-checking all accusations. 
7. Reach a conclusion: Write a comprehensive report on the findings that includes a summary of the investigation, the evidence you evaluated, and why you reached your conclusions.

3. Take Corrective Action

Once you’ve reached a conclusion, it’s time to take appropriate disciplinary action based on the severity of the violation and any previous incidents. This might range from additional training to termination in severe cases. And don’t forget to provide support to affected employees! You can point them to counseling services, allow for schedule adjustments, or offer other accommodations as needed.

Fostering an Inclusive Workplace Culture

The best way to prevent weight discrimination is to create a truly inclusive company culture where everyone welcomes one another, regardless of size or other physical characteristics. This might sound difficult but there are proven ways to accomplish this:

Promote Body Positivity

Creating a truly inclusive workplace means fostering an environment where every body type is respected and valued. This goes beyond simply avoiding discrimination to actively celebrating diversity in all its forms, including size diversity. You can do this by reviewing your company’s internal communications, marketing materials, and workplace design to reflect and support employees of all sizes.

Focus on creating a culture that emphasizes health and overall wellbeing rather than appearance or weight. This might include offering diverse physical activity options, focusing on nutritious foods rather than low-fat or low-calorie, and having company events and celebrations that are welcoming to all employees regardless of size.

Focus on Health and Wellbeing

A holistic approach to employee wellbeing recognizes that health comes in many sizes and forms. Consider implementing some of these wellness programs for combating weight-based discrimination:

• Comprehensive wellness programs: Offer all kinds of health and wellness activities to appeal to different interests and abilities. Remember to focus on overall health improvements rather than weight loss goals. Include options like stress management, mental wellness support, and financial wellness along with physical activity programs.
• Inclusive fitness options: Give your employees different types of physical activity options to accommodate different preferences and fitness levels. This might include stretching classes, adaptive exercise options, and both individual and group activities.
• Nutrition support: Provide nutrition education that focuses on healthy eating habits rather than restrictive dieting. It might also be a good idea to include healthy food options in workplace cafeterias and at company events.
• Mental wellness resources: It’s important to recognize the connection between weight stigma and mental wellness. Include counseling options, stress management programs, and resources for building resilience.

Building Inclusive Workplaces That Work for Everyone

Addressing weight discrimination is all about creating workplaces where every employee can contribute their best work without facing bias or barriers. From clear policies and proper training to swift response procedures, you can create comprehensive strategies to prevent discrimination and support affected employees.

The key to creating an inclusive workplace lies in a comprehensive wellbeing program. However, these programs must be thoughtfully designed to avoid inadvertently stigmatizing employees based on size or weight. When wellbeing programs focus on overall health rather than weight, they can boost your employee morale and overall wellbeing like a rocket into space.

Your organization has the power to lead positive change. Connect with a Wellhub Wellbeing Specialist to see how we can help you create a wellbeing program that is inclusive of everyone.

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You May Also Like:

• Employee Wellness Challenge Checklist
• Unlock the Power of Equal Employment Opportunity
• How to Address Gender Harassment in Your Workplace

References:

• City of San Francisco. (2024). ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT. American Legal Publishing. https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_police/0-0-0-7094
• Fulton, M., & Srinivasan, V. N. (2023). Obesity, Stigma And Discrimination. PubMed; StatPearls Publishing. https://www.ncbi.nlm.nih.gov/books/NBK554571/
• Lee, K. M., Hunger, J. M., & Tomiyama, A. J. (2021). Weight stigma and health behaviors: Evidence from the Eating in America Study. International Journal of Obesity, 45. https://doi.org/10.1038/s41366-021-00814-5
• Michigan. (1976). ELLIOTT-LARSEN CIVIL RIGHTS ACT Act 453 of 1976. https://www.michigan.gov/-/media/Project/Websites/mdcr/public-act-453-of-1976-elliott-larsen.pdf?rev=c15451b0a9f943d78ae818259a38c8dc
• National Archives. (2022, February 8). Civil Rights Act (1964). https://www.archives.gov/milestone-documents/civil-rights-act
• Prunty, A., Clark, M. K., Hahn, A., Edmonds, S., & O’Shea, A. (2020). Enacted weight stigma and weight self stigma prevalence among 3821 adults. Obesity Research & Clinical Practice, 14(5), 421–427. https://doi.org/10.1016/j.orcp.2020.09.003
• Statista. (2024). Microaggresion occurrence in a workplace by ethnicity country 2021. https://www.statista.com/statistics/1305143/microaggressions-workplace-by-country/
• U.S. Department of Justice Civil Rights Division. (1990). Americans with Disabilities Act of 1990. ADA.gov. https://www.ada.gov/law-and-regs/ada/