Fattism and obesity keeps on cropping up in the workplace, and there are mixed views about whether the government should make 'fattism' unlawful.
According to results of Personnel Today's obesity awareness survey, 93% of HR professionals said they would hire a 'normal weight' candidate rather than an obese one who was identically qualified.
Dear Natalie
I read an article on fat discrimination, Obesity in the workplace: To get this fat takes ages and I felt compelled to share my horrifying experience.
I was employed at a well-known private spa resort in Austin, Texas. The company has recently been bought out by a luxury golf resort management company out of California. I worked in the spa as a receptionist.
I was called into a private meeting room by my manager and assistant manager just before getting ready to leave work. I was told the new owners had higher standards and told by my female assistant manager that I couldn't compliment clients at all on their personal appearance (such as if they wore lovely jewellery), because it appears as though I am not used to being around nice things. She said I should act rich even though I am not. My male manager then interrupted her and started talking about my appearance. He said:
"First of all, you're a good mother and person on the inside, however I don't know if your weight is an issue with you, but it is here.
"I personally don't mind people of your size. Don't get me wrong, at least you wear large enough nice clothes to cover it all up sufficiently, it's not like you let it all hang out."
And then he had the nerve to say:
"My wife got gastric bypass surgery, and it worked for her, she was like over 300lbs, maybe you should consider it."
I left crying. The next day I called HR, I told them exactly what was said in the meeting, and all the HR manager could say was: "I've known him a long time". The spa has offered to settle out of court for $2,000, but I declined. The company employs over 2,000 people and there are other overweight employees but not on the spa desk where I worked. I wasn't fired, but I left because I was too horrified to return. Now I can't eat, am losing weight which is a good thing, but my confidence sucks. I was bulimic for 10 years, and stopped when I got pregnant three years ago. I'm only 27, and I'm a new mom of a two year old, and I don't need gastric bypass surgery. They were being cruel, and that's it.
This type of allowed behaviour is so damaging to one's self-image and self-worth. It should be illegal.
Harry Sherrard, principal of Sherrards employment law firm, says:
Obviously we need to bear in mind that US law is different to English law.
Fattism received some media attention in the UK recently when it transpired that many employers confessed to having a bias against the overweight.
Overweight employees or potential recruits do not fall into one of the protective categories of anti-discrimination legislation, such as sex, race and religion. Although reprehensible and obviously distressing for the person concerned, there is no ‘Weight Discrimination Act’ in UK employment law.
Where, however, an overweight person receives taunts or unkind remarks about their weight, this is likely to constitute bullying. While bullying is not legally actionable as a free-standing concept, it could lead to a constructive dismissal claim if the person has been employed for at least 12 months.
In a very extreme case, where an employee suffers from a mental injury as a result of severe bullying, whether based on a weight issue or otherwise, it is possible to bring a legal claim in respect of that personal injury. Such cases are however rare.
Steve Miller:
First of all can I express my astonishment. For HR to have spoken to you and say "you have known him a long time" is completely unacceptable. As a business specialist to talk to employees in that way is demotivating and unethical. Balancing the argument, however, I do have a degree of empathy with businesses who employ customer-facing staff. Image is important but there are never grounds to bully employees by insulting them so directly. I would stand firm and fight your case on this.
If I were you, I would take out a claim for what we call constructive dismissal in the UK. Based on the facts you have given me, your manager and the HR manager should be fired for gross misconduct.They are, in my opinion, a pair of bullies.
As for your confidence, begin affirming back into your mind that you have skillsets that are transferable and you are a worthwhile product in your own right. Let me know how you get on.
