Document Type

Article

Language

eng

Format of Original

16 p.

Publication Date

3-2000

Publisher

Springer

Source Publication

Employee Responsibilities and Rights Journal

Source ISSN

0892-7545

Abstract

Protection against obesity discrimination is extremely limited under the Americans with Disabilities Act (ADA). No obese plaintiff has won using the actual disability theory, but a few have won under the perceived disability theory. Weight-related appearance standards are legal. We estimate weight-based wage penalties for young men and women. We find that mildly obese (20% over standard weight) white women experience greater wage penalties than black men experience for weight that is 100% over standard weight. Men do not experience wage penalties until their weight exceeds standard weight by over 100 lb. A gender-plus analysis under Title VII is more appropriate than the ADA for addressing the weight-based wage penalties that women experience.

Comments

Accepted version. Employee Responsibilities and Rights Journal, Vol. 12, No. 1 (March 2000): 9-24. DOI. © Springer 2000. Used with permission.

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