Employee Responsibilities and Rights Journal

, Volume 12, Issue 1, pp 9-24

First online:

Weight Discrimination: A Multidisciplinary Analysis

  • Cheryl L. MarantoAffiliated withDepartment of Management, Marquette University
  • , Ann Fraedrich StenoienAffiliated withDepartment of Management, Marquette University

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Protection against obesity discrimination is extremely limited under the Americans with Disabilities Act (ADA). No obese plaintiff has won using the actual disability theory, but a few have won under the “perceived disability” theory. Weight-related appearance standards are legal. We estimate weight-based wage penalties for young men and women. We find that mildly obese (20% over standard weight) white women experience greater wage penalties than black men experience for weight that is 100% over standard weight. Men do not experience wage penalties until their weight exceeds standard weight by over 100 lb. A “gender-plus” analysis under Title VII is more appropriate than the ADA for addressing the weight-based wage penalties that women experience.

weight discrimination obesity gender-plus discrimination sex differences wage differentials