A bout in New Jersey between a former employee and his employer is bringing a new type of discriminatory behavior into the spotlight. This type of workplace discrimination is not based on age, race, gender or sexual orientation; it is based on weight. The 5-foot-10-inch man weighs 270 pounds, and after spending some time as an employee of Carrier Mausoleum, was told that he was too fat by the owner. Since the alleged comment, he has filed a discrimination suit against the company.

According to the director of research at the Rudd Center for Food Policy and Obesity, weight discrimination in the workplace has increased by 66 percent in the past decade. This, along with the statistic that says two-thirds of Americans above the age of 20 weigh enough to cause concern for health risks, shows that weight discrimination is a very real thing. It has shown its face in the realm of employment and politics, but it is not blatantly illegal in most states. Only the state of Michigan has made the activity of discrimination based on weight illegal.

The Equal Employment Opportunity Commission has attempted to argue that weight discrimination is illegal on the federal level because of the Civil Rights Act of 1964. More states may adopt legislation in the future, especially considering the results of a recent survey conducted by the researchers at the Rudd Center.

According to a survey of 1,001 adults, 81 percent of women and 65 percent of men would agree with legislation barring this form of discrimination in the workplace. Many have felt the effects of it through unfair wage biases, lackluster working conditions or an unexpected firing. Experts believe that weight discrimination also affects the hiring process.

Source: AARP, “Boss Says, ‘You’re Too Fat,’” Diane Cadrain, Nov. 16, 2011