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Positive Health and Wellness Programs Can Curb Obesity Discrimination

(Source: Chubb Insurance Group)

Recent studies show that prejudice against overweight individuals is on the rise and has increased by seven to twelve percent in the past decade. A study by the International Journal of Obesity reports that weight discrimination is growing, particularly against women, and is now almost as widespread as racial discrimination.

Among obese people, approximately 28 percent of men and 45 percent of women report they have experienced discrimination both in their personal lives and in the workplace because of their weight. These individuals report being denied a job or a promotion and being fired based on their weight. "Weight Discrimination in the Workplace: An Emerging Threat," www.louisianaweekly.com (Aug. 25, 2009).

President Obama's nomination of Dr. Regina Benjamin as Surgeon General in July provides an example of weight consciousness in the United States. Dr. Benjamin is a champion of health care for the poor who set up a medical clinic to treat victims of Hurricane Katrina in Alabama, but much debate at the time centered on her weight rather than her qualifications. Susan Donaldson James, "Critics Slam Overweight Surgeon General Pick, Regina Benjamin," www.abcnews.go.com (July 21, 2009).

Commentary and Checklist

Federal and state laws protect individuals against employment discrimination based on race, color, national origin, religion, sex, age, and disability; but there are no laws particularly aimed at protecting the employment rights of the obese.

However, employers should take note that charges of weight discrimination can result in liability if the obesity is a symptom of a disability. Moreover, EEOC has successfully brought claims based on appearance, and local laws may create additional protections for obese employees.

Consequently, employers should realize that even though obesity is not a federally protected class, liability may exist for improper treatment of obese individuals.

Today the Centers for Disease Control (CDC) estimates that more than one-third of U.S. adults are obese, defined as having a body mass index of over 30, and reports that obesity results in billions of dollars in health care costs.

Employers should address obesity and general employee health issues in a positive manner and develop wellness programs that take a broad approach to health and wellness and do not concentrate on one aspect of healthy lifestyle – both to keep employee morale high and to avoid discrimination.

Consider the following tips to address workplace health and wellness:

  • Organize a team to spearhead the program.
  • Start with your managers. Get them on board to buy into wellness and others will follow.
  • Assess your organization's needs - utilize employee surveys and health risk data to determine monetary and staffing costs.
  • Focus on one or two areas - like more increasing fitness or prevention of smoking.
  • Keep your wellness plan simple - make it easy to read and understand and make it fun.
  • Offer incentives for participation (recruiting others/ reaching goals) - paid time off, reduction in health care premiums, free pedometers and gym memberships are examples.
  • Create teams so that employees can compete in groups. Team members act as buddies to encourage their teammates.
  • Share success stories in your organization newsletter or intranet.
  • Do not penalize employees for not participating or for not performing well.
  • Be careful that employees do not discriminate or retaliate against fellow employees for not participating in your wellness program.
  • Be sensitive to employee feelings. Do not use programs that could be perceived as shaming or humiliating.
  • Consult with an attorney, nutritionist and mental health expert before launching your program. Discuss and resolve any issues that could create harm to employee morale or create exposure.

This informational piece is part of "The Loss Prevention Journal" published on September 30, 2009.