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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