b'LEGISLATIVE REPORTLEGISLATIVE Is Obesity a Protected Class for Employment Discrimination Laws?ED WELCH // PVA LEGISLATIVE DIRECTORC ivilrightslawshavebeenconsistent evidence of weight discrimi- on a persons weight. This occurred way enacted over the years by thenation at every stage of employment in- back in 1976! The Elliott-Larsen Civil federal,state,andlocalgov- cluding: career counseling, interviewsRights Act reads, in part: An employer ernments. The most consequential isand hiring processes, salary disparities,shall not(a) Fail or refuse to hire or the federal Civil Rights Act of 1964.fewer promotions, harsher disciplinaryrecruit, discharge, or otherwise discrim-Theselawsspecifyprotectedclassesactions, and higher contract termina- inate against an individual with respect of persons and may prohibit discrim- tion rates. People with obesity are alsotoemployment,compensation,ora ination against them in voting rights,significantly less likely to be put into aterm, condition, or privilege of employ-public accommodations, employment,sales or customer-facing position. It hasment, because ofheight, weight, education, housing, etc. A particularalso been shown that people with obe-lawsprotectedclassesmayembracesity can be paid less than their healthy-race,color,nationalorigin,religion,weight counterparts for the same work.Thus far, Michigan sex,maritalstatus,age,ordisability.This is more pronounced for womenand Washington are We have begun to see the emergence ofwith obesity, who can receive up to six a movement to specify a new protectedpercent less for the same work, whilstthe only jurisdictions classweight, height, or body typemenwithobesitymaytendtosortthat have a statewideespecially in the employment realm. themselves into lower-paying jobs. ban on employment TheWorldObesityFederation,anMichigan was the first state to prohibitdiscrimination based advocacygroup,asserts,Thereisdiscriminationinemploymentbasedon weight.WashingtonStatealsocurrentlybans discrimination in employment against a person with obesity as a result of a judicialdecision.In2019,thestates Supreme Court ruled by a vote of seven totwo(inthecaseentitledTaylorv. BurlingtonNorthernRailroadHold-ings, Inc.) that the states anti-discrim-inationstatute(theWashingtonLaw against Discrimination) covers obesity for purposes of employment. The ma- jority opinion stated, Obesity is not a ABB Hybrid & Zero-Emission Solutions physical trait. It is a disease. As a result, ABB Marine & Ports is making smart, safe, and sustainable solutionsin Washington State obesity is now clas-a reality for ferries across the Americas.Learn more at: new.abb.com/marine ABB sified as a disability, and an employer is prohibited from refusing to hire a quali-fied candidate if the individual is obese. FOGHORN 32'