Bias, Discrimination, and Obesity
Rebecca Puhl and Kelly D. Brownell
Address correspondence to Dr.
Kelly D. Brownell, Department of Psychology, Yale University, Box
208205, New Haven, CT 06520-8205. E-mail: kelly.brownell@yale.edu
http://www.obesityresearch.org/cgi/content/full/9/12/788
Abstract
This article reviews information on discriminatory attitudes
and behaviors against obese individuals, integrates this to
show whether systematic discrimination occurs and why, and
discusses needed work in the field. Clear and consistent
stigmatization, and in some cases discrimination, can be
documented in three important areas of living:
employment, education, and health care. Among the
findings are that 28% of teachers in one study said that
becoming obese is the worst thing that can happen to a
person; 24% of nurses said that they are "repulsed" by
obese persons; and, controlling for income and grades, parents
provide less college support for their overweight than for
their thin children. There are also suggestions but not
yet documentation of discrimination occurring in adoption
proceedings, jury selection, housing, and other areas.
Given the vast numbers of people potentially affected, it
is important to consider the research-related,
educational, and social policy implications of these findings.
Introduction
It has been said that obese persons are the last acceptable targets
of discrimination (1)
(2)
(3) (4) . Anecdotes abound about overweight individuals
being ridiculed by teachers, physicians, and complete
strangers in public settings, such as supermarkets, restaurants,
and shopping areas. Fat jokes and derogatory portrayals of
obese people in popular media are common. Overweight
people tell stories of receiving poor grades in school,
being denied jobs and promotions, losing the opportunity
to adopt children, and more. Some who have written on the
topic insist that there is a strong and consistent
pattern of discrimination (5) , but no systematic review of
the scientific evidence has been done.
Some anecdotes relevant to this issue have become highly visible.
One reported by National Public Radio is that of Gina Score,
a 14-year-old girl in South Dakota sent in the summer of 1999
to a state juvenile-detention camp (6) . Gina was
characterized as sensitive and intelligent, wrote poetry,
and was planning to skip a grade when she returned to
school. She was sent to the facility for petty
theft—stealing money from her parents and from lockers at
school "to buy food." She was said to have stolen "a few
dollars here, a few dollars there" and paid most of the
money back.
The camp, run by a former Marine and modeled on the military,
aimed, in the words of an instruction manual, to "overwhelm
them with fear and anxiety." On July 21, a hot humid day, Gina
was forced to begin a 2.7-mile run/walk. Gina was 5 feet 4
inches tall, weighed 224 pounds, and was unable to
complete even simple physical exercises such as leg
lifts. She fell behind early but was prodded and cajoled
by instructors. A short time later, she collapsed on the
ground panting, with pale skin and purple lips. She was
babbling incoherently and frothing from the mouth, with
her eyes rolled back in her head. The drill instructors
sat nearby drinking sodas, laughing, and chatting, accusing
Gina of faking, within 100 feet of an air-conditioned
building. After 4 hours with Gina lying prostrate in the
sun, a doctor came by and summoned an ambulance
immediately. Gina’s organs had failed and she died.
There are many more examples, from teachers weighing children
in front of a class and announcing the weights, to doctors
belittling patients because of their weight, to Dr.
Kenneth Walker, who said in his nationally syndicated
newspaper column that for their own good and the good of
the country, fat people should be locked up in prison
camps (5) . However, anecdotes of bias and discrimination
could represent isolated events and do not prove that
discrimination occurs in a systematic and widespread
manner. It is important, therefore, to document whether
discrimination does exist. Discrimination is harmful to
its victims in many ways and can have enduring effects
(7) (8). With 54% of the U.S. population now overweight
and 34% obese and with the prevalence still increasing in
the United States and around the world, the health and
well-being of many millions of people might be affected
(9) .
Perhaps the first commentary on widespread discrimination toward
obese individuals was offered by Allon (10) over two decades
ago. Since then, obesity is becoming increasingly
recognized as a "social liability in Western society"
(11) . The purpose of this article is to examine existing
literature on this topic, with special attention to areas
of major importance to well-being. Legal remedies sought
by obese individuals accusing institutions of
discrimination will be discussed, areas in need of further research
will be noted, and conclusions will be drawn about the state
of this field. This article is organized in sections on
discrimination in areas of employment, medical and health
care, education, and areas we believe are in need of
additional research.
There are a number of important related topics, such as
theoretical models underlying stigma, psychological
processes and social origins leading to discrimination of
obese people, effects of this stigma on obese
individuals, and possible discrimination against obese people
in social relationships. All are important and require
attention but will not be addressed here because
systematic review would be lengthy. Our first priority is
to document whether discriminatory attitudes and
behaviors occur.
Employment Settings
Hiring Prejudice
The workplace is one sphere where overweight people may be
vulnerable to discriminatory attitudes and fat bias. A
number of studies have investigated weight-based
discrimination in employment. The results point to
prejudice, insensitivity, and inequity in work settings.
Experimental studies addressing stereotypic attitudes in
employers suggest that overweight people may be at a
substantial disadvantage even before the interview
process begins. Experimental studies have investigated
hiring decisions by manipulating perceptions of employee weight,
either through written description or photograph. Participants
(most often college students) are randomly assigned to a
condition in which a fictional job applicant is described
or pictured as overweight or average weight (but with
identical résumés) and are asked to evaluate the
applicant’s qualifications.
An example is a study using written descriptions of hypothetical
managers (12). Managers described as average weight were
rated as significantly more desirable supervisors, and
overweight managers were judged more harshly for
undesirable behaviors (such as taking credit) than were
average weight managers. Similarly, in a study by Klassen
et al. (13) , women students (N = 216) read employee
summaries of nine fictitious women employees, varying in
weight and in stereotypical descriptions associated with
obesity and thinness. Participants indicated the most
desire to work with thin targets and the least desire to
work with obese targets, although participants did not
rely on stereotypical perceptions of weight in
recommending harsh discipline to employees.
A study of job applicants for sales and business positions
reported that written descriptions of target applicants
resulted in significantly more negative judgments for
obese women than for non-obese women (14) . Participants
(N = 104) rated obese applicants as lacking
self-discipline, having low supervisory potential, and having
poor personal hygiene and professional appearance. In general,
participants held these negative stereotypes for obese
applicants for sales positions but not for business
positions. Interestingly, the study’s findings were not
mirrored when photographs were used instead of written
descriptions of weight. The authors proposed several
confounding factors to explain this outcome, such as
differing applicant information accompanying the photographs,
and concluded that obese applicants remain vulnerable to
negative evaluations because of their weight (14) .
Several studies have manipulated applicant weight with
videotapes. This was done over two decades ago by Larkin
and Pines (15) in which participants (N = 120) viewed a video
of a job applicant in a simulated hiring setting. The
scenario involved an applicant completing written
screening tests for work requiring logical analysis and
eye-hand coordination. Overweight applicants were significantly
less likely to be recommended for hiring than average-weight
applicants, and overweight applicants were judged as
significantly less neat, productive, ambitious,
disciplined, and determined (15) . Another study using a
simulated hiring interview for a receptionist position
found that the obese applicant was less likely to be
hired than the non-obese applicant (16) . This study was
able to rule out the extraneous factor of facial attractiveness
by masking the faces of both applicants.
A more recent and impressive study used videotaped mock
interviews with the same professional actors acting as
job applicants for computer and sales positions in which
weight was manipulated with theatrical prostheses (17) .
Subjects (N = 320) indicated that employment bias
was much greater for obese candidates than for
average-weight applicants; the bias was more apparent for women
than for men. There was also a significant effect reported for
job type; obese applicants were more likely to be
recommended for a systems analyst position than for a
sales position (17) .
Other evidence also demonstrates employer perceptions of obese
persons as unfit in public sales positions and more
appropriate for telephone sales involving little
face-to-face contact (18) (19) . Jasper and Klassen (20)
instructed participants (N = 135) to evaluate a
hypothetical salesperson’s résumé that included a written
manipulation of the employee’s weight. Obesity led to
more negative impressions of the applicant and made the
applicant significantly less desirable to work with.
Participants who viewed the obese applicant description said
directly that the obesity led to their judgments.
Excess weight may be especially disadvantageous in some settings.
In a recent study of hiring preferences of overweight physical
educators, most hiring personnel sampled (N = 85)
reported that being 10 to 20 pounds overweight would
handicap an applicant, regardless of qualifications (21)
. The authors concluded, "our hope is that these findings
may serve to motivate some of these individuals to
improve their health behaviors and in turn become better
professional role models" (21) .
Inequity in Wages, Promotions, and Employment Termination
A comprehensive literature review by Roehling (22) summarizes
numerous work-related stereotypes reported in over a dozen
laboratory studies. Overweight employees are assumed to
lack self-discipline, be lazy, less conscientious, less
competent, sloppy, disagreeable, and emotionally
unstable. Obese employees are also believed to think
slower, have poorer attendance records, and be poor role
models (23) . These stereotypes could affect wages, promotion,
and termination.
There is evidence of a significant wage penalty for obese
employees. This takes several forms: lower wages of obese
employers for the same job performed by non-obese
counterparts, fewer obese employees being hired in
high-level positions, and denial of promotions to obese
employees. A study of over 2000 women and men (18 years
of age and older) reported that obesity lowered wage growth
rates by nearly 6% in 1982 to 1985 (24) .
Although both obese men and women face wage-related obstacles,
they experience discrimination in different ways. An analysis
from the National Longitudinal Survey Youth Cohort examined
earnings in over 8000 men and women 18 to 25 years old and
reported that obese women earned 12% less than non-obese
women (25) . Like studies to follow, this investigation
indicated that the economic penalty of obesity seems to
be specific to women. More recently, research based on
earnings of 7000 men and women from the National
Longitudinal Survey of Youth indicated that women face a
significant wage penalty for obesity and that obese women
are much more likely than thin women to hold low-paying jobs
(26) . Another longitudinal study following young adults over
8 years found that overweight women earned over $6000 less
than non-obese women (26) . Gortmaker et al. (27) and
Stunkard and Sorensen (4) attribute lower wages to social
bias and discrimination. Obese men do not face a similar
wage penalty but are under-represented and paid less than
non-obese men in managerial and professional occupations
and are over-represented in transportation occupations,
suggesting that obese men engage in occupational sorting to
counteract a wage penalty (26) .
Experimental research indicates that obese employees are rated
to have lower promotion prospects than average weight
counterparts (28) . A recent study instructed supervisors
and managers (N = 168) to evaluate the promotion
potential of a hypothetical employee in a manufacturing
company with one of eight disabilities or health
problems, including obesity, poor vision, depression,
colon cancer, diabetes, arm amputation, facial burns, or no
disability (29) . The obese candidate received lower
promotion recommendations (despite identical
qualifications) than a nondisabled peer and was rated to
be less accepted by subordinates than the other promotion
candidates.
Little research has addressed the issue of employment benefits
for obese workers. Employers may demand that overweight
employees pay higher premiums for the same benefits as
non-overweight employees (23) . One self-report study of
445 obese individuals found that among those 50% or more
above their ideal weight, 26% indicated that they were
denied benefits such as health insurance because of their
weight, and 17% reported being fired or pressured to
resign because of their weight (30) .
As the work by Rothblum et al. (30) suggests, some obese
employees perceive that they have been fired and
suspended due to their weight. Legal case findings
suggest that termination against obese persons can result
from prejudiced employers and arbitrary weight standards
(30) . For example, in the case of Civil Service Commission
v. Pennsylvania Human Relations Commission, a man was
suspended without pay because he exceeded the required
weight standards for city laborers (31) (32) . Similarly,
in Smaw v. Commonwealth of Virginia Department of
State Police, an obese state trooper of 9 years was
demoted to a dispatcher position for failing a
weight-loss program (33) (34) . Formal employment termination
cases on the basis of weight have also reached the courts. For
example, in Nedder v. Rivier College, a morbidly obese
woman was removed from her teaching position because of
her weight, and in Gimello v. Agency Rent-a-Car
Systems, an office manager was fired due to his
obesity despite his excellent employment records and
commendations of high performance (35) (36) .
Airline industry weight regulations for flight attendants have
also posed problems for employees above average weight.
In Tudyman v. Southwest Airlines, a flight
attendant was terminated and his reinstatement was denied
because his weight exceeded airline requirements (37) .
Courts have accepted airline weight restrictions, even
though most weight maximums have been arbitrarily chosen
and make no exceptions for age or body frame (38) . Airlines
have claimed that weight maximums are necessary for job
performance and attendants’ health and abilities to
perform duties, although physical fitness or actual tests
of job-related abilities would be more appropriate
standards (38) . Flight attendants are required to be
certified yearly through evaluations of their abilities,
and weight policy methods for evaluation and termination
are difficult to justify on grounds other than appearance (38) .
The existence of legal cases does not establish that weight
discrimination occurs in great numbers, only that some
employees believe that they have been treated unfairly
due to weight. Courts will decide whether a legal basis
exists for such claims, but additional research is needed
to determine the prevalence of the problem, the people
who will most likely be affected, and the consequences on the health
and well-being of the people who experience discrimination.
From the evidence presented here, it seems that discrimination
does occur.
Summary and Methodological Limitations
There are multiple sources of evidence suggesting that
discrimination against obese employees may be
significant, and that certain occupations may be
especially affected. At least some obese employees may
receive inequitable treatment with respect to promotions and
benefits. Additional research is needed to support these
preliminary findings and to provide more confident
conclusions that these are indeed real-life problems.
Table 1 presents a general summary of topics which we
believe are priorities for further research.
|
Table 1. Summary of research
needs to be addressed in domains of weight discrimination
|
Domain |
Research Needs |
|
|
|
General methodological
issues |
Inclusion of obese
persons in study samples. Increased use of
randomized designs and ecologically valid
settings. Evaluation of reliability and
validity of measures assessing weight
discrimination. Development of assessment
methods to examine discriminatory practices. |
|
Theoretical issues |
Evaluation of
predictive power among obesity-stigma
models. Further exploration of why negative
attitudes arise. Examination of
psychological and social origins of weight
prejudice. Experimental manipulation of
proposed components of stigmatizing
attributions. Assessment of attitudinal and
behavioral expressions of weight bias.
Cross-cultural examinations of anti-fat
attitudes and weight-related attributions. |
|
Legal questions |
Clarification of
definitions of disability and impairment
relevant to obesity. Examination of
legislative approaches used to counter
discriminatory practices. |
|
Employment |
Increased attention to
hiring, promotion, and benefits
discrimination against obese employees.
Closer examination of which occupations are
most vulnerable to weight bias. |
|
Health care |
Experimental assessment
of physician/nurse attitudes towards obese
patients. Examination of how negative
professional attitudes influence health
care. Examination of coverage practices by
insurance providers to obese individuals.
Evaluation of health care costs associated
with small weight losses. Address
cost-effectiveness of various weight-loss
treatments. |
|
Education |
Documentation of weight
discrimination/bias among educators and
peers. Development and testing of curricula
to promote weight acceptance. |
|
Unstudied topics |
Documentation of weight
discrimination in areas of public
accommodations (seating in restaurants,
theatres, planes, buses, trains), housing
(raised rental fees for obese persons),
adoption (weight-based criteria for
parents), jury selection practices (biased
against overweight jurors), health club
memberships (raised fees for obese people),
and others. |
|
Prevention/intervention |
Identification of
theoretical components to guide
stigma-reduction strategies. Development and
testing of stigma-reduction strategies on
anti-fat attitudes. Clarification of
psychological/social consequences of weight
discrimination. Examination of coping
strategies used by obese persons to combat
aversive stigma experiences. |
|
|
Several methodological limitations are also evident in this
research. First, studies have primarily used written
description, videotapes, and self-report measures to
assess whether or not an obese person would be hired, and
have done less examination of real-life hiring practices.
Second, many studies have failed to address possible
confounds such as age, race, and gender in attempting to
examine weight-related discrimination. Third, many
studies have relied on college-student samples, which may
not provide an adequate understanding of hiring and interviewing
processes used by employers and managers. Fourth, few studies
have surveyed obese employees about their discriminatory
experiences. In one self-report study, 16% of obese
adults (N = 55) reported being discriminated
against because of their weight, which resulted in
difficulties at work and in social relationships (39) . Additional
research is necessary to determine whether the prevalence of
discriminatory experiences is indeed this common.
Medical and Health Settings
Attitudes of Medical Professionals toward Obese Individuals
Anti-fat attitudes among health care professionals, if they
exist, could potentially affect clinical judgments and deter
obese persons from seeking care. A number of studies have
addressed this topic. A study of over 400 physicians
identified patient characteristics that aroused feelings
of discomfort, reluctance, or dislike (40) . Physicians
were mailed anonymous questionnaires and asked to specify
five diagnostic categories and social characteristics of
patients to which they responded negatively. One third of the
sample listed obesity as one of these conditions, making it
the fourth most common category listed (among dozens of other
categories), and ranked behind only drug addiction,
alcoholism, and mental illness. Physicians associated
obesity and other negatively perceived conditions with
poor hygiene, noncompliance, hostility, and dishonesty.
The authors concluded that physicians’ responses may
reflect Protestant ethic values, which emphasize
self-discipline, persistence in the face of adversity, and
achievement—characteristics that physicians believed were
low or absent in patients with conditions like obesity
and alcoholism (40) . Similarly, a study of 318 family
physicians using anonymous questionnaires found that
two-thirds reported that their obese patients lacked self-control,
and 39% stated that their obese patients were lazy (41) .
Another study examined attitudes about obese patients in health
care professionals specializing in nutrition (N = 52)
and found that 87% believed that obese persons are
indulgent, 74% believed that they have family problems,
and 32% believed that they lack willpower (42) .
Furthermore, 88% said that obesity was a form of
compensation for lack of love or attention, and 70% attributed
the cause to emotional problems.
These negative attitudes are not new. In 1969, Maddox and
Liederman (43) addressed fat biases using self-report measures among
100 physicians and student clerks from a medical clinic.
Obese patients were viewed as unintelligent,
unsuccessful, inactive, and weak-willed. In addition,
physicians indicated that they preferred not to treat overweight
patients and that they did not expect success when they were
responsible for their management.
Some research has also examined perceptions of nurses. A study
of 586 nurses investigated beliefs about obesity and found
that patient noncompliance was rated as the most likely
reason for obese patients’ inability to lose weight (44)
and that ineffectiveness of weight loss programs as the
least important reason for lack of success. Yet, the
nurses reported confidence in giving weight loss advice
regardless of the outcome and despite spending 10 minutes
or less discussing weight loss with patients.
In a similar study, nurses agreed that obesity can be prevented
by self-control (63%) and that obese persons are unsuccessful
(24%), overindulgent (43%), lazy (22%), and experience
unresolved anger (33%) (45) . In addition, 48% of nurses
agreed that they felt uncomfortable caring for obese
patients, and 31% would prefer not to care for an obese
patient at all.
These findings parallel another investigation of women registered
nurses (N = 107), where 24% of nurses agreed or
strongly agreed that caring for an obese patient repulsed
them, and 12% reported that they preferred not to touch
an obese patient (46) . Older nurses had less favorable
attitudes than younger nurses, and dissatisfaction with
their own weight was positively correlated with negative
stereotypes.
Only two studies have examined attitudes toward obesity among
dietitians. One study of 439 registered dietitians showed
ambivalent attitudes toward obese clients (47) . In
contrast, a study examining attitudes among dietetic
students (N = 64) and registered dietitians (N
= 234) reported negative attitudes toward obesity among both
groups (48) . This is an important area for further inquiry
because dietitians are often in a position to influence
patients’ attitudes toward food and eating.
In addition to professionals already working in the medical
field, studies have also surveyed medical students regarding
their attitudes toward the obese. Blumberg and Mellis (49)
reported substantial prejudice by medical students toward obese
patients. On characteristics of personality, humanistic
qualities, body image, and qualities related to medical
management, students rated morbidly obese individuals
significantly more negatively than average weight
persons, who were rated neutrally or positively.
Adjectives thought to apply to obese patients included worthless,
unpleasant, bad, ugly, awkward, unsuccessful, and lacking
self-control (49) . Negative attitudes did not change
after students worked directly with obese patients during
an 8-week psychiatry rotation. These results support
other research documenting stigma and stereotyping among
students (50) (51) .
The most recent study on practices of health professionals
queried obese individuals in treatment about their
experiences with physicians. The subjects were generally
satisfied with their care for general health issues and
their physicians’ medical expertise. They were, however,
significantly less satisfied with the care they received for their
obesity. Nearly one-half reported that their physicians had
not recommended common methods for weight loss, and 75%
reported that they look to their physicians a "slight
amount" or "not at all" for help with weight (52) .
Only one study has attempted to intervene by reducing stigma
toward obese patients, this among medical students (53) .
Before random assignment to a control group or education
intervention involving videos, written materials, and
role playing exercises, the majority of medical students
in this study (N = 75) characterized obese
individuals as lazy (57%), sloppy (52%), and lacking in self-control
(62%), despite indicating an accurate scientific understanding
of the cause of obesity. After the educational course,
students demonstrated significantly improved attitudes
and beliefs about obesity compared with the control
group. The effectiveness of the intervention was still
supported 1 year later.
Implications of Prejudice for Health Care of Obese
Persons
It is important to address the impact of negative professional
attitudes on clinical judgment, diagnosis, and care for
obese individuals. Several studies have indicated that
obesity may influence judgments and practices of
professionals. Young and Powell (54) assessed clinical
judgments among mental health workers using an analog
approach in which participants evaluated a case history of a
patient in one of three weight conditions. The obese patient
was most frequently assigned negative symptoms compared with
the overweight and average weight clients and was rated
more severely on a variety of dimensions of psychological
functioning (54) .
A more recent investigation of over 1200 physicians (representing
specialties of family practice, internal medicine,
gynecology, endocrinology, cardiology, and orthopedics)
indicated poor obesity management practices (55) .
Physicians completed self-report surveys addressing
attitudes, intervention approaches, and referral practices for
obese patients. Although physicians recognized the health
risks of obesity and perceived many of their patients to
be overweight, they did not intervene as much as they
should, were ambivalent about how to manage obese
clients, and were unlikely to formally refer a client to
a weight loss program. Only 18% reported that they would
discuss weight management with overweight patients, which
increased to 42% for mildly obese patients.
Similar results were reported by Price et al. (41) . Among 318
physicians surveyed, many referred obese patients to
commercial weight loss programs with questionable
success. Although the majority felt obligated to treat
their obese patients, 23% did not recommend treatment to
any of their obese patients and 47% said that counseling patients
about weight loss was inconvenient (41) .
Another study suggests that physicians may be ambivalent in
treating obesity. In a sample of 211 primary care physicians,
only 33% reported being centrally responsible for managing
their patient’s obesity, where 39% perceived their role
to be cooperative to other providers (56) . Although
attitudes were not reported in this study, physicians
indicated that insufficient time, lack of medical
training, and problems of reimbursement were difficulties
in managing obesity effectively.
A final study surveying attitudes and practices of 752 general
practitioners in weight management reported mixed results
(57) . These physicians reported holding positive views
about their roles in obesity management but underused
practices that promote lifestyle changes in patients,
described weight management as professionally unrewarding,
and noted their most common frustrations in treating obesity
were perceptions of poor patient compliance and motivation.
Negative attitudes and reluctance in physicians may lead obese
persons to hesitate to seek health care (58) , although as we
mention below, other factors may also contribute. In one
study of physician and patient behaviors, 290 women and
over 1300 physicians responded to anonymous
questionnaires to determine the influence of obesity on
the frequency of pelvic examinations (59) . Reluctance to
have examinations increased from average weight to moderately
overweight to very overweight women, where the very overweight
women were significantly less likely to report annual pelvic
examinations. Body image was associated with pelvic
exams; 69% of women who had a positive body image vs. 55%
of those who had negative body image reported obtaining
examinations. Among physicians, 17% reported reluctance
in providing pelvic exams to very obese women, and 83%
indicated reluctance when patients were reluctant themselves.
The youngest physicians were most reluctant to perform pelvic
exams, and among the oldest physicians a gender difference
emerged where men physicians were more reluctant to
provide exams than women physicians. Considering that
overweight women feel hesitant to obtain exams because of
their negative body image and that physicians are
reluctant to perform exams on obese or reluctant women,
many overweight women may not receive necessary treatment
(59) .
Two other studies have documented delay in seeking medical care
by obese women. One investigation of self-reports of 310
hospital-employed women (such as nurses and nursing
assistants) found that body mass index (BMI) was
significantly related to appointment cancellations (60) .
Over 12% of women indicated that they delayed or canceled physician
appointments due to weight concerns, and of the 33% of women
who had discussed weight with their physicians, discussions
were described as negative (60) . In addition, 32% of
women with a BMI > 27 kg/m2, and 55% of those
with a BMI over 35 kg/m2 delayed or canceled visits
because they knew they would be weighed; the most common
response for delaying appointments was embarrassment
about weight (60) .
Another recent self-report study of women (N = 6891)
included in the 1992 National Health Interview Survey
reported that increased BMI was associated with decreased
preventive health care services (61) . Obese women were
significantly more likely than non-obese women to delay
breast examinations, gynecologic examinations, and
papanicoloau smears, despite an increase in physician visits
as BMI increased. The authors concluded that even when obese
women have more frequent physician appointments, they
seem least likely to use preventive services (61) .
Most available studies have assessed physician attitudes and
beliefs, which may or may not affect their practice, and,
other health care professionals have not been studied in
detail. Research has failed to account for the fact that
obese patients may delay or cancel medical appointments
for a variety of reasons, such as anxiety about being
weighed or disrobing regardless of how supportive health
care professionals may be. Still, it is clear that health
professionals share general cultural anti-fat attitudes.
Considering that bias affects many of the ways individuals interact
with stigmatized groups, it would be surprising if medical
practices were immune.
The hope is that care for obese individuals will improve as
bias decreases. Some health care professionals perceive
obesity to be a social problem and systematically avoid
it in their practices (62) . For those who consent to
treat obese patients, removing prejudice and blame may be
crucial. As Yanovski (63) notes, "The primary care
physician who provides sensitive and compassionate care
for severely obese patients without denigrating them for
their inability to lose weight performs a much needed service."
Other suggested changes include recognition of obesity as a
chronic medical condition, improved knowledge of nutrition and
multidisciplinary treatments, familiarity with community
resources, creating more accessible environments for
obese persons by providing armless chairs and larger
examination gowns, and treating patients with respect and
support (63) (64) .
Insurance and Health Care Cost
Obstacles
Controversies in Coverage for Obesity
Treatment and prevention have seldom been emphasized by insurance
providers, despite spiraling health care costs attributed
to obesity. With more Americans overweight, obesity has
become a leading cause of preventable death (65) . Direct
costs associated with obesity represent 6% to 7% of the
National Health Expenditure (66) (67) ; 99.2 billion
dollars were attributed to obesity in 1995, of which 51.6
billion dollars were direct medical costs (67) .
A study examining the 25-year health care costs for overweight
women over age 40 years using an incidence-based analysis,
predicted that 16 billion dollars will be spent in the
next 25 years treating overweight middle-aged women alone
(68) . Other investigations have suggested a relationship
between BMI and health care expenditures. In one study,
medical and health care use records of obese women (N
= 83) belonging to a health maintenance organization were
compared with records of non-obese women (69) . As BMI
increased, so did the number of medical diagnoses and the
use of health care resources. In another analysis of
employees of 298 companies (N = 8822), obesity was
directly and significantly related to higher health care
costs (an 8% higher cost), even when adjusting for age,
sex, and a number of chronic conditions (70) . A longitudinal
observational of obese individuals (N = 383) covered by
the same insurance plan reported that the probability of
health care expenditures increased at BMI extremes (71) .
A study of over 17,000 respondents to a 1993 health survey
reported a strong association between BMI and total
inpatient and outpatient costs (66) . Compared with
individuals with a BMI of 20 to 24.9 kg/m2,
there was a 25% to 44% increase in annual costs in moderately
and severely overweight people, adjusted for age and sex. Wolf
and Colditz (67) reported an 88% increase in the number of
physician appointments attributed to obesity from 1988 to
1994, and a total of 62.6 million obesity-related
physician visits in 1994. A recent review of the scant
literature on access to and usage of health care services
suggests that obese persons use medical care services
more frequently than do non-obese people and that they
tend to pay higher prices for these services (72) .
Beliefs that obesity treatment is unsuccessful and too costly
have been challenged (73) . Weight losses as small as 10% are
associated with substantially reduced health care costs,
reduced incidence of obesity-related comorbid conditions,
and increased lifetime expectancy (73) (74) . Recent
research has addressed the cost-effectiveness of drug
treatments and surgery for obesity. In 1999 Greenway et
al. (75) found that weight losses produced by medications
(fenfluramine with mazindol or phentermine) reduced costs more
than standard treatment of comorbid conditions. Gastric bypass
surgery has demonstrated even more impressive effects, with
lower costs and greater long-term weight loss maintenance in
comparison to low-calorie diets and behavior modification
(76) , as well as significant reductions in BMI,
incidence of hypertension, hyperinsulinemia,
hypertriglyceridemia, and hypo-high density lipoprotein
cholesterolemia, and sick days from work compared with
matched controls (77) (78) .
Current Coverage Practices
Even with some evidence of cost-savings for some weight-loss
methods, medical coverage is inconsistent. Surgical
treatment is often not reimbursed even though diseases
with less supported treatments are compensated (79) .
Some have explicitly pointed to prejudice against obesity
surgery by insurance providers who are preventing its
broader acceptance and use in practices (80) . As Frank
(81) concludes, "... no claim to justify the denial of benefits
for the treatment of obesity has any validity when held to the
standards of health insurance otherwise available in the
United States. It should be obvious that such a judgment
is ethically unconscionable."
It is typical for health insurance plans to explicitly exclude
obesity treatment for coverage (82) . Physicians often have
difficulties receiving reimbursement for their services
(79) . Many reimbursement systems do not categorize
obesity as a disease, leading physicians to report
comorbid disorders as the reason for their services (79)
.
In 1998, the Internal Revenue Service excluded weight-loss
programs as a medical deduction, even when prescribed by
a doctor. In response, several organizations such as the
American Obesity Association (83) filed petitions for a
ruling to allow the costs of obesity treatment to be
included as a medical deduction. As of 2000, the Internal
Revenue Service policy changed its criteria, allowing
costs for weight-loss treatments to be deducted by
taxpayers for certain treatment programs under a physician’s
direction to treat a specific disease (84) .
The Social Security Administration has eliminated obesity from
its list of impairments, which is used to determine
eligibility for disability payments (65) . Because
individuals who receive social security disability
benefits are also eligible for Medicare after 2 years,
those who are denied disability also forgo opportunities
for medical coverage (65) .
Although few studies have addressed this issue, a recent
cross-sectional analysis of third-party payer
reimbursement for weight management for obese children
reported low reimbursement rates (85) . Despite the
medical necessity of weight management for obese children
in the study, no reimbursement was given to 35% of the children
enrolled in weight-management programs, and no association
existed between the severity of obesity and the
reimbursement rate (85) .
Although this article does not intend to examine all of the
potential factors that may underlie these coverage policies,
one likely contributor are perceptions that obesity is a
problem of willful behavior and that treatment is
unsuccessful and expensive (81) . Although health
insurance typically covers treatment for substance abuse
and sexually transmitted diseases, which are also considered
to be problems of willful behavior, obese persons may not
receive the services they need (81) .
Denying obese people access to treatment may have medical
consequences, but also denies people an opportunity to
lose weight, which itself may reduce exposure to bias and
discrimination. For example, Rand and MacGregor (58)
assessed perceptions of discrimination among morbidly
obese patients (N = 57) before and after weight-loss
surgery. Before their operations, 87% of patients reported
that their weight prevented them from being hired for a
job, 90% reported anti-fat attitudes from co-workers, 84%
avoided being in public because of their weight, and 77%
felt depressed on a daily basis. Fourteen months after
surgery, every patient reported reduced discrimination,
87% to 100% of patients reported that they rarely or never perceived
prejudice or discrimination, and 90% reported feeling cheerful
and confident almost daily. A further study indicated that 59%
of patients requested surgery for social reasons such as
embarrassment, and only 10% for medical reasons (86) .
After the operation, patients reported improved
interpersonal functioning (51%), improved occupational
functioning (36%), and more positive changes in leisure
activities (64%). Although these studies are based on
self-reports from selected samples and, therefore, have limitations,
it is interesting to note the dramatic reduction in
postsurgical perceptions of prejudice and discrimination,
and the power of social perceptions in motivating surgery
decisions.
Summary and Methodological Limitations
A "fat is bad" stereotype exists in the medical field (87) .
Further study is needed to test the degree to which this
affects practice. It seems that obese persons as a group
avoid seeking medical care because of their weight. One
barrier to drawing further conclusions, however, is that
much of the research relies on self-report measures of
variable reliability and validity. There is a need to
move beyond reports of attitudes to actual health care practices.
Educational Settings
Peers in the School Environment
Peer rejection may be an overweight individual’s first
challenge in educational settings. Anecdotes have been noted
where harsh treatment from peers has resulted in suicide (88)
(89) . Such anecdotes are extreme, but research does show
substantial rejection of obese children by peers at
school. An often cited example is a study conducted in
the early 1960s in which children in public school and
summer camp settings (N = 600) ranked six pictures
of children varying in physical characteristics and
disabilities in order of who they would like most for a friend
(90)
. The majority of children ranked a picture of an obese
child last among children with crutches, in a wheelchair, with
an amputated hand, and with a facial disfigurement. A recent
replication of this study among fifth- and sixth-grade
students (N = 458) reported that the strongest
bias was against the obese child and that there was an
increase in prejudice against the obese child compared
with the findings from 40 years earlier (91) .
Other recent studies showing photographs of obese and non-obese
persons to schoolchildren showed negative stereotypes and
suggested that bias is formed by 8 years of age (92) .
Some work shows anti-fat attitudes in 3-year-old
preschoolchildren (93) . Research addressing children’s
attitudes toward thinness and ideal body size indicate
the same trend. One study of fourth-grade children (N = 817)
found that 49% of girls and 30% of boys chose ideal figures
thinner than themselves when shown a number of different body
types (94) . Only 10% of boys and 11% of girls selected an
ideal body size larger than their own.
Other work has demonstrated that children in grades four through
six endorse negative stereotypes for both obese children and
adults, and regardless of the child’s own weight, age,
and gender (95) . Children reported that they believed that
obesity was under personal control; this belief was positively
related with negative stereotyping. Another study examined
knowledge about obesity among third and sixth graders who
were randomly assigned to watch a videotape of a peer who
was average weight, obese, or obese with a medical
explanation for the obesity (96) . Obese children
received the most negative judgments, and although
children attributed less blame to the obese child with the medical
explanation, this knowledge did not improve attitudes among
children toward obese peers. This parallels findings from a
study attempting to change negative attitudes about obesity
among undergraduate students where an increase in knowledge
did not alter attitudes (97) . Authors of both studies (96)
(97) concluded that more powerful means are necessary to foster
positive attitude changes toward obese individuals. For
children, this might involve broad educational approaches
to increase weight tolerance, which reduced teasing
toward overweight peers and increased acceptance of
diverse body types among fifth-grade students in a recent
study (98) .
One study assessed personal descriptions of perceived
stigmatization among overweight adolescent girls (99) .
Ninety-six percent reported negative experiences because
of their weight, the most frequent being hurtful comments
such as weight-related teasing, jokes, and derogatory
names. Peers were the most common critics and school was
the most common venue. Many reported being teased continually
about their weight throughout elementary school, middle
school, and high school and indicated that they had not
yet learned how to cope with stigmatizing encounters with
peers. Some research has examined the long-term impact of
weight-based teasing in a clinical sample of obese women
and found that more frequent teasing during childhood and
adolescence was related to more negative self-perceptions
of attractiveness and greater body dissatisfaction in
adulthood (100) .
The psychological and social consequences of these experiences
have been addressed in the literature for many years (101)
(102) (103) . Although obese pre-schoolchildren seem to
have similar levels of self-esteem as non-obese
preschoolers (104) , this drastically changes once
children begin school. A study of children 9 to 11 years
of age (N = 67) reported that clinically overweight
children had significantly lower self-esteem than
non-overweight children (105) . Self-esteem was lowest
among overweight children who believed that they were
responsible for their overweight and who believed that
weight was the reason for few friends and exclusion from
games and sports. In addition, 91% of the overweight
children felt ashamed of being fat, 90% believed that
teasing and humiliation from peers would stop if they lost
weight, and 69% believed that they would have more friends if
they lost weight (98) . These findings parallel other reports
of low self-esteem and poor social and athletic competence
among obese children 9 to 12 years of age (106) (107) .
Weight Stigmatization in High School and College
In addition to continued endorsement by college students of negative
stereotypes about obese individuals as lazy, self-indulgent,
and even sexually unskilled and unresponsive (108) (109)
, weight stigmatization can be more overt at higher
levels of education. There are reports of overweight
students receiving poor evaluations and poor college
acceptances and facing dismissal due to their weight (5)
(110) . Most studies have addressed these issues at the
college level. Canning and Mayer (111) examined school records
and college applications of 2506 high school students and
found that obese students were significantly less likely
to be accepted to college despite having equivalent
application rates and academic performance to non-obese
peers. Moreover, obese women were accepted less
frequently (31%) than were obese men (42%).
Crandall (112) examined reasons for the lower college acceptance
of obese women. In studies assessing issues of weight,
financial aid, and college income among undergraduate
students (N = 833), a reliable relationship
emerged between BMI and financial support for education.
Normal-weight students received more family financial
support for college than overweight students, who depended more
on financial aid and jobs; this effect was especially
pronounced for women. Differences in family support
remained despite controlling for parental education,
income, ethnicity, and family size.
In a study of overweight women, Crandall (113) again demonstrated
parental bias. High school seniors (N = 3386) completed
questionnaires about their weight, college aspirations,
financial support, grades, and parental political
attitudes. Both overweight men and women were
underrepresented in those who attend college, and
overweight women were least likely to receive financial support
from families. Politically conservative attitudes of parents
predicted who paid for college, where conservative
ideological attitudes among parents (characterized by
values of self-discipline and the tendency to perceive
people as responsible for their own fate), were
positively correlated with BMI of students. Crandall (114) theorized
elsewhere that anti-fat attitudes are related to Protestant
work ethic values of self-determination and the ideology that
people deserve what they get. Thus, individuals with such
ideological beliefs may be more likely blame their obese
children for their weight (114) .
There have been celebrated cases of obese students being
dismissed from college because of their weight; one
reached the U.S. Supreme Court. In 1985 an obese nursing
student named Sharon Russell was dismissed from Salve
Regina College 1 year before obtaining her nursing degree
for failing to lose weight (110) (115) (116) . Although
the school did not object to Russell’s obesity at
admission to the program, her weight became an issue of public
scrutiny and harassment by students and faculty (110) .
Russell demonstrated good academic performance in her
courses, though in her junior year she received a failing
grade in one course (which was determined to be the
result of her weight and not her academic performance)
(110) . Instead of expulsion, Russell was asked to sign a
contract agreeing that she could remain if she lost 2
lb/wk. A year later and several credits shy of her
degree, Russell was dismissed from the school for her inability
to lose weight (115) .
Once successfully obtaining her degree at another college and
obtaining her nursing license, Russell sued her previous
college for wrongful dismissal, intentional infliction of
emotional distress, and discrimination in violation of
the Rehabilitation Act (115) . Six years later she was
granted monetary damages and the case was concluded (117)
. In a nursing journal, Weiler and Helmes (110) noted,
"... what should be particularly troublesome for nurse educators,
is that the nursing profession prides itself on providing
caring and compassionate treatment for all patients, yet
in this case it failed to extend this same sensitivity to
a future colleague."
It is possible that negative attitudes by educators toward
obesity are more widespread than has been documented.
Solovay (5) notes, "Many fat kids exist on a diet of
shame and self-hatred fed to them by their teachers." One
study reported that junior and senior high school
teachers and school health care workers (N = 115)
believed that obesity was primarily under individual
control (118) . Although approximately one-half of the teachers
did recognize biological factors in the etiology of obesity,
teachers agreed that obese persons are untidy (20%), more
emotional (19%), less likely to succeed at work (17.5%),
and more likely to have family problems (27%). Forty-six
percent agreed that obese persons are undesirable
marriage partners for non-obese people, and fully 28%
agreed that becoming obese is one of the worst things
that could happen to a person (118) .
These findings support the 1994 Report on Discrimination Due
to Physical Size by the National Education Association, which
stated that "for fat students, the school experience is one
of ongoing prejudice, unnoticed discrimination, and almost
constant harassment" and that "from nursery school
through college, fat students experience ostracism,
discouragement, and sometimes violence" (119) .
Summary and Methodological Limitations
Rejection, harassment, and stigmatization of obese children
at school is an important social problem. The severity and
frequency of this treatment by peers and teachers is
disturbing, but, again, the literature must be
strengthened to understand the entire picture.
Self-reports are the most common method used. It is
essential to collect both peer ratings and teacher ratings
and to conduct behavioral observations in the classroom and
schoolyard. College admission data are old, so it is necessary
to determine the extent to which discriminatory practices now
occur. Finally, some reports are anecdotal. Anecdotes can lead
to needed research but do not prove discrimination.
Understudied Domains of Potential
Obesity Discrimination
Public Accommodations
Obese individuals can experience problems in public settings,
such as restaurants, theaters, airplanes, buses, and trains
because of inadequate seat size and inadequate sizes of
features such as seat belts. Although no research has
documented the extent of these problems and few litigated
cases exist, a recent law review highlights several legal
cases that may signal growing concern (3) .
In the case of Sellick v. Denny’s Inc., an obese man sued
Denny’s restaurants for inadequate seating (3) (120) .
His claim was dismissed, although negotiations between
the National Association for the Advancement of Fat
Acceptance (NAAFA) and Denny’s restaurants led Denny’s to
agree to make bigger seats (3) . In Birdwell v.
Carmike Cinemas, an obese woman filed suit against a national
theater chain for unequal access (121) . Birdwell knew that
she could not fit in the theater seats and requested to bring
her own chair to sit in the row for disabled individuals. Her
request was accepted, but when Birdwell arrived at the
theater, she was told her chair would create a safety
hazard (3) . This case was settled out of court.
Transportation services have also received similar complaints.
In the case of Hollowich v. Southwest Airlines, an
obese woman waiting to board a flight was told that she
had to buy an additional seat and that she would be
escorted off the plane by armed guards if she boarded
(122) . She sued the airline for intentionally inflicting
emotional distress and discrimination against a disabled person
(3) . Similarly, in Green v. Greyhound, an obese woman
was told to leave the bus because her weight necessitated
two seats (123) . After refusing to leave, she was
arrested, although the charge of disorderly conduct was
dropped and she instead sued Greyhound for emotional
distress (3) .
Current conditions are consistent with social attitudes that
obese people take up more space than they deserve (3) . O’Hara
(3) notes that airlines accommodate seating for individuals with
wheelchairs and for pregnant women, but obese people are
expected to purchase two seats.
Jury Selection
Jury selection is another area needing research. When choosing
a jury, attorneys are provided peremptory challenges, allowing
them to dismiss potential jurors for unstated reasons. Jurors
can be dismissed for displaying bias, although attorneys must
state their reasons for doing so (5) . Although courts have
not formally recognized this, obese persons can be dismissed
as jurors because of their weight, and attorneys may be able
to mask other types of racial or gender discrimination through
peremptory challenges against obese individuals (5) .
With the negative attributions applied to obese persons (e.g.,
lazy and stupid), systematic exclusion of jurors is possible.
The lack of representation of obese individuals in juries
would mean the absence of a large segment of the
population in the justice system and potentially biased
cases where obesity is a central or even peripheral
issue.
Housing
One small study suggests that weight discrimination may exist
for obese tenants seeking apartment rentals (124) . Obese and
non-obese student confederates each visited 11 available
rental units, pretending to be seeking each apartment for
rent. All 11 landlords offered the units to the non-obese
confederate, but 5 landlords would not rent to the obese
confederate (124) . Three of these five actually
increased the rental price with the obese confederate (124) .
Because this study is both dated and limited in its small
sample, additional research replicating these findings
would be valuable and could broaden the present
insufficient knowledge of this potentially discriminatory
issue.
Adoption
Obesity could potentially be a basis for denying individuals
the right to adopt a child. This issue has not been addressed
in research, but several countries outside of North America
may be using parental weight criteria in adoption procedures
(125) . Anecdotal evidence suggests that this may occur in the
United States, where obese women have reported being turned
down by adoption agencies and told that they would be unfit
mothers due to their weight (58) .
NAAFA believes that weight discrimination in private American
adoption agencies is a reality and has formulated an official
position advocating equal access to adoption services for
obese individuals and couples (126) . NAAFA has resolved
to improve education about size discrimination in
adoption, provide support to obese individuals facing
such discrimination, and assist plaintiffs in litigation
(126) . Because the issue has not been studied, research
documenting whether this discrimination exists is
important.
Research
It is critical that research itself not exclude obese persons.
Overweight people have been underrepresented in research
unless studies have focused on obesity (5) . As an
example, the National Institute of Health funded the
Women’s Health Initiative for over 600 million dollars to
investigate cancer, heart disease, and osteoporosis in
women. Although tens of thousands of women are
participating in this longitudinal study, and despite overweight
women having increased vulnerability for some of the diseases
being investigated, the study excluded obese women (5) (127) .
Limitations of Existing Research
Laboratory studies addressing discriminatory attitudes and behaviors
rely primarily on student samples, so generalization must be
examined. Second, most studies on anti-fat attitudes
among medical, educational, and hiring professionals have
used nonrandom designs, self-report methods, and a
variety of attitudinal assessment measures that may not
have been tested for validity and reliability. Third, the
literature is not sufficiently large or mature to draw conclusions
across all areas in which discrimination has been
claimed. For instance, there are hints but not
documentation of obese individuals being denied children
in adoption proceedings, the assumption being that weight
reflects personal failings that would make people unfit parents.
Finally, it is not clear whether the severity and frequency
of discrimination increases as an individual becomes more
obese.
Many theoretical questions about weight stigma have yet to be
studied. Although a few preliminary models have been proposed,
theories have not been compared and there is no consensus of
which factors best predict who will stigmatize obese people.
Despite evidence of various cultural attributions toward
obesity throughout history, there is also a need to
examine the cultural factors that affect this population
(128) . As research better documents weight
discrimination, conceptual frameworks for understanding
weight stigma can be refined, and hypotheses can be increasingly
guided by theory. Ultimately, the integration of theory and
empirical studies should be used to derive stigma reduction
strategies and interventions to eliminate discrimination.
Legal Challenges to Weight-Based
Discrimination
Current Weight-Specific Legislation
No federal laws exist to prohibit discrimination against obese
individuals, and only Michigan’s civil rights legislation
prohibits employment discrimination on the basis of
weight at the state level (34) . The District of Columbia
forbids discrimination on the basis of appearance
including weight, and Santa Cruz, California includes
weight in its definition of unlawful discrimination (129) .
In the spring of 2000, San Francisco passed legislation to ban
weight discrimination, adding weight and height to existing
characteristics (such as gender, ethnicity, age, and sexual
orientation) that are protected (130) . Advocates in San
Francisco gained support for this legislation when a
health club created a billboard with a space alien
saying, "When they come, they’ll eat the fat ones first."
Overall, few locations have weight-specific legislation,
so most obese persons are forced to use existing human
rights statutes for legal protection. In particular, overweight
individuals have depended on the Rehabilitation Act (RA) of
1973 and the American Disabilities Act (ADA) of 1990
(131) . Employment discrimination cases encompass the
vast majority of such actions.
The RA was the first effort to prohibit federal employee
discrimination against individuals with disabilities (32)
. A person with a disability is one who has a physical or
mental impairment that substantially limits at least one
major life activity (activities such as walking,
breathing, self-care, and working), has a record of such
an impairment, or is perceived as having an impairment
(34) (129) . The RA does not actually include obesity as a specific
protected impairment (32) .
The ADA expanded federal disability discrimination legislation
by extending mandates to private employers, state and local
employment agencies, and labor unions (23) (131) . Like the
RA, the ADA protects disabled but qualified employees who can
perform essential aspects of employment (131) . The Equal
Employment Opportunity Commission (EEOC) implemented
regulations for more flexible interpretation of ADA
impairments, allowing obesity to be included in its broader
definitions (129) (132) . The guidelines of the EEOC do not
consider obesity alone to be an impairment. However, obesity
can meet impairment definitions if one’s weight can be
attributed to or results in a physiological disorder, or
if a person’s weight is severe as in cases of morbid
obesity (132) .
Under the ADA two kinds of cases can be pursued: those involving
actual disabilities, and those of perceived disabilities. An
actual disability claim requires that an individual’s
obesity be substantially limiting in at least one major life
activity. A perceived disability occurs when one is regarded
by others as having an impairment (131) . Here, the obese
individual must demonstrate either an actual impairment
that does not limit life activities but is perceived to
be limiting by others or that there is no impairment at
all but that the individual is perceived as having one.
As many courts do not recognize obesity as an actual
impairment, obese individuals must often use perceived impairment
claims (131) .
Inconsistent Rulings
Although alleged discrimination is being met with lawsuits,
the overall picture of cases pursued under these statutes is
one of mixed results. The majority of courts have ruled that
obesity, per se, is not a disability (32) . In Krein v.
Marian Manor Nursing Home, for instance, an obese
nurse’s aid was discharged because of her weight. The
court held that her obesity was not a disability and,
thus, was inadequate to qualify the plaintiff for
discrimination protection (131) (133) . Similar court
rulings were held for a flight attendant in Tudyman v.
Southwest Airlines and for a labor worker in Civil Service
Commission v. Pennsylvania Human Relations Commission,
where both plaintiffs failed to show that their obesity
caused, or was caused by, a condition that would qualify
them for state protection (31) (37) .
Later cases continue to follow this trend. In Cassista v.
Community Foods Inc., an obese woman was denied a
cashier/stocking position because of her weight (131)
(134) . In the case of Philadelphia Electric Co. v.
Pennsylvania Human Relations Commissions, an obese
woman was refused employment in a customer service position
due to her obesity, despite having passed pre-employment
evaluation. The court ruled that her obesity did not
impair her job performance and, thus, could not
constitute a disability and receive protection (37) (135)
.
Although few cases have held that obesity on its own constitutes
a disability, several court rulings have demonstrated
circumstances in which obese plaintiffs have been
successful. In the case of New York Division of Human
Rights v. Xerox Corporation, an obese plaintiff was
denied a computer programming position because her
obesity made her medically unsuitable for the job, according
to the company’s physician (32) (136) . The state court
recognized broader definitions of disability under New York
law and ruled that her obesity was an impairment as defined
by Xerox’s medical staff, although she had no other medical
conditions and could perform the duties of the position (32)
(37) . In the case of King v. Frank, a postal
worker alleged that he was fired because his supervisor
perceived his obesity to be an impairment (137) . The
commission ruled that because the employer perceived the
worker to be substantially limited in work (one of the
major life activities of the RA), he was granted protection under
the RA (32) . Finally, the case of Gimello v. Agency
Rent-a-Car Systems also accepted a disability claim
in which the court concluded that the plaintiff’s obesity
was a physical disability because he had sought medical
treatment for his condition (36) .
Unresolved Issues: Blame and Disability
The legal issue of whether obesity is a disability has not been
decided. Very obese persons or individuals whose obesity
is attributed to an underlying medical condition may have
the most success under the ADA (131) , but it is
difficult to predict which cases will be successful.
Court decisions of whether obesity is an impairment may
be the result of many factors besides ADA guidelines, such
as court beliefs, cultural perceptions, academic views,
previous case rulings, and weight bias in judges.
Inconsistent court decisions will likely continue until
ambiguities in existing legislation are resolved. Under
the ADA there is no standard for determining how obese a
person must be for weight to be considered a disability
(37) (132) . Being moderately fat will only be considered
a disability if accompanied by an additional impairment,
whereas obesity on its own does not meet ADA impairment
definitions. Morbid obesity can meet disability
requirements. Korn (138) notes that limiting the protection
of the ADA to morbid obesity ignores the majority of the obese
population and reinforces misperceptions that anything less
than morbid obesity can be personally controlled.
Courts have generally viewed overweight as voluntary and mutable
and, therefore, have disqualified it as a disability (131)
(138) . The ADA does not actually require a condition to
be immutable or involuntary to be considered a disability
(32) . The RA and ADA protect other mutable conditions
like alcoholism, drug addiction, and acquired immune
deficiency syndrome, all of which involve voluntary
behavior (32) . Although the EEOC states that being voluntary
is irrelevant in the definition of impairment, the fact that
obesity is rarely considered an impairment without an
underlying medical condition suggests that the EEOC sees
obesity as controllable (138) .
Another unsettled issue is the applicability of the perceived
disability theory. Because courts are unlikely to accept
obesity as an impairment, overweight persons can stand on
this section of the law. Yet successfully applying this
theory to obese individuals may be unlikely, because the
plaintiff must prove that the employer perceived weight
to be an impairment, not just that the employee was perceived
to be overweight (131) .
Legal pursuits are not necessarily easier for obese individuals
proceeding under actual disability claims. Successfully
proving that one’s condition substantially limits a major
life activity does not necessarily satisfy legal
requirements. Both the ADA and RA can deny protection
even if one’s obesity does impair life activities (34) .
The obese plaintiff must also prove that he or she can satisfy
the essential functions of the position, and those who cannot
perform job duties with or without reasonable accommodation
will not be protected (34) .
Whether it is advantageous for obesity to be considered a
disability is a matter of debate. Despite the legal
advantages of the disability label, considering obese
persons disabled may have unwanted ramifications. For
example, it may be undesirable for overweight children to
consider themselves "disabled." Because weight is a disabling
condition in only a minority of cases, it may be harmful to
attach a disability label to a condition already severely
stigmatized.
A key problem is that existing statutes were not intended to
protect against weight discrimination (129) . Categorizing
discrimination claims under current disability
definitions makes less sense than finding other
strategies to fight weight discrimination. Several
suggestions have proposed revising the ADA. One option may be to
change definitions of disability in the ADA to explicitly
include obesity (37) (138) . Doing this would allow
individuals uniform protection for having limiting
conditions due to obesity, although this option would
also mean attaching a disability label (37) . Others have
concluded that the EEOC should declare issues of voluntariness
and mutability as irrelevant to decisions determining
impairment and enforce that they be excluded (131) .
An alternative is to create new legal options for obese employees
other than the RA and ADA. Adamitis (129) suggests that the
most appropriate alternatives are state and local laws for
protection from weight discrimination. It may be more
realistic to consider state statutes, which often provide
broader coverage, than to focus on federal laws (129) .
As mentioned earlier, legal cases prove only that
discrimination based on weight is perceived and that legal
justification for seeking relief is growing. One cannot infer
that discrimination is widespread from such cases.
Prevalence studies are necessary.
Discussion
There is a clear and consistent scientific literature showing
pervasive bias against overweight people. It is logical
that the bias begets discrimination. There is now
sufficient evidence of discrimination to suggest it may
be powerful and occurs across important areas of living.
Studies on employment have shown hiring prejudice in laboratory
studies. Subjects report being less inclined to hire an
overweight person than a thin person, even with identical
qualifications. Individuals make negative inferences
about obese persons in the workplace, feeling that such
people are lazy, lack self-discipline, and are less
competent. One might expect these attributions to affect wages,
promotions, and disciplinary actions, and such seems to be the
case.
Overweight women, for the same work, receive less pay than their
thin counterparts. This does not seem to be the case for men,
but overweight men sort themselves into lower-level jobs.
There is evidence that promotion prospects are dimmer for
overweight individuals, and there are many examples of
people being fired on account of excess weight. Rarely
would the physical demands of the job make weight an
issue.
Health care is another arena in which biased attitudes are an
issue. Very negative attitudes about overweight individuals
have been reported in physicians, nurses, and medical
students, much the same as in general society. Overweight
individuals can be reluctant to seek medical care,
especially for their obesity, because they believe that
they will be scolded and even humiliated, hence screening
and treatment for diseases may be delayed. It is
important to know whether the bias seen in health care
professionals affects the quality of care that they
provide.
Stigmatization in educational settings seems to take place at
all ages. From teasing of obese children to college
acceptance, an overweight individual faces serious
challenges. We would expect this to affect self-esteem,
intellectual self-efficacy, and very tangible outcomes
like where one attends college and employment
opportunities. One telling study found that parents of
overweight children provided them less support for college
than parents did for their thin children (113) . It is strong
prejudice indeed when parents discriminate against their own
children.
Individuals believing that they have been victims of
discrimination have sought legal relief, typically by
asking that obesity be considered a disability, thereby
protecting those affected under the ADA. This has been
successful in some cases but raises questions about
whether it is desirable for obese persons to be considered
disabled. We believe that legislation, similar to what was
passed in 2000 by the city of San Francisco, that
prohibits discrimination based on weight, is the most
direct and logical approach. Except for the rare cases in
which excess weight makes it impossible for a person to
perform a job, overweight individuals deserve the same
access to employment possibilities as do thin people and
deserve to earn as much for their work.
Discriminatory attitudes as powerful and consistent as these
belie fundamental stigma, bias, and prejudice. These in turn
are determined by beliefs that individuals and society have
about obese people. These beliefs, it seems, are the
confluence of several factors. First, overweight people
are assumed to have multiple negative characteristics,
ranging from flaws in personal effort (being lazy), to
more core matters such as intelligence and being a good
or bad person (139) . Second, overweight individuals are
believed to be responsible for their condition and that
an imperfect body reflects an imperfect person (140) . Finally,
whatever bad comes from the bias and discrimination is
acceptable, even merited, based on the common belief that
people get what they deserve and deserve what they get.
In cases where explicit attitude measures show little or
no bias, implicit measures show significant bias, even in
health professionals who specialize in the treatment of
obese persons (141) . Further research on the origins of
weight stigma and methods for countering the negative
attitudes is important to foster.
It is important to know whether the increasing prevalence of
obesity will lead to more or less discrimination. The two
have not been tracked in tandem. Latner and Stunkard (91)
suggested that prejudice has increased over the past
several decades. One might also guess that more people
being obese will reduce societal biases because more
people will become victims of stigma and awareness of inequity will
increase.
Certainly more work is needed to understand fully the degree
and consequences of stigmatization against obese persons.
Table 1 outlines areas of research that we believe are
necessary directions in which to take these efforts. In
general, we believe that there are several compelling
directions to move, in research, education, and policy:
- Methodological and theoretical gaps
in the literature require attention. Necessary
improvements in methodology include the use
of random assignment, evaluation of reliability
and validity of measures used to assess weight
discrimination, and the generalization of
studies across segments of the population. A second
priority for research is to better
understand why and how such negative attitudes arise
toward obese people and then to develop conceptual
frameworks for understanding the stigma.
- The extent to which discriminatory
attitudes become acts of discrimination
and the processes by which this occurs, must be
better understood.
- A great number of important research
questions must be addressed. The areas of
living in which discrimination occurs must be
documented, the psychological and social origins
of the discrimination must be better
understood, and the consequences of the
discrimination must be clarified. Subtle forms of
discrimination affecting daily life, such
as body language and eye contact, should be studied.
- Means must be developed and tested to
temper society’s negative attitudes. Vast
numbers of people stand to be affected by weight
discrimination, with the numbers growing
steadily.
- Attention must be paid to the social
action, legal, and legislative approaches
that might best be used to counter discriminatory
practices. Considering obesity a disability is one possible
approach using existing laws, but the legal relief
achieved by selected individuals may be more than
offset with the social liability of obese persons
being considered disabled. Legislation directly
addressing weight discrimination might be more beneficial.
In summary, discrimination against obese individuals is very
real. It occurs in key areas affecting health and well-being.
Although all important research questions have not yet been
addressed, there is a sufficient body of information to
justify aggressive treatment of this topic in research,
legal settings, and the real world.
Acknowledgments
This work was supported by the Rudd Foundation and by support
(to K.D.B.) as part of the Rudd Scholars program. We thank
colleagues and students in the Yale Center for Eating and
Weight Disorders and Steven Blair, James Hill, James
Early, and Heather O’Neal for feedback on the manuscript.
Footnotes
Department of Psychology, Yale University, New Haven, Connecticut.
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