SIZE-RELATED LEGISLATION
HISTORY/EXISTING CONDITION:
Currently, statutory law provides a means of redress for many classes and groups of people who have historically been subject to discrimination. Such laws provide for financial and other means of restitution to the victims of discrimination.
Despite documented evidence of discrimination in employment, education, housing, and access to public accommodations, fat people receive little statutory protection from discrimination at the local, state, or federal levels. The only state statute under which fat people may seek redress is Michigan's 1976 Elliott-Larsen Civil Rights Act, which prohibits employment discrimination on the basis of height and weight. Local statutes include a Santa Cruz, California, ordinance which prohibits discrimination in employment, housing, and public accommodations on the basis of height and weight or physical characteristics, and an ordinance in Washington, D.C. which prohibits discrimination based on personal appearance.
Federal law, and many state and local statutes exist which protect the disabled and those who are perceived to be disabled. Where statutory protection for fat people does not exist, incidents of size-related employment discrimination are usually litigated on the basis of these disability rights laws. In order for these cases to be successful, the judge must rule that obesity is a disability. Because the Americans with Disabilities Act does not specifically include or exclude fat people, the extent of its protection will have to be determined in litigation.
When those who are not considered "fat" (e.g., flight attendants) are victims of size discrimination, they must use federal laws prohibiting sex and age discrimination as the basis for litigation, since statutory weight protection does not exist.
NAAFA'S OFFICIAL POSITION:
Because existing local, state, and federal statutes do not provide fat people with adequate protection from discrimination, the National Association to Advance Fat Acceptance demands the inclusion of "height and weight" as a protected category in existing civil rights statutes and the enactment of additional laws as necessary to ensure protection against size discrimination in employment, education, housing, and public accommodations.
NAAFA ADVOCATES:
- That "height and weight" be included as a protected category
in existing local, state, and federal civil rights statutes.
- The introduction, passage, and enactment of additional local, state,
and federal laws to ensure protection against size discrimination in employment,
education, housing, and public accommodations.
- That employers and others comply with statutory law.
- That organizations fighting other forms of discrimination actively
support anti-size discrimination legislation.
- That individuals, companies, and organizations within the size acceptance
movement actively support anti-size discrimination legislation.
- That local, state, and federal elected representatives take public
positions in support of anti-size discrimination legislation.
- That fat people and their allies educate their local, state, and
federal elected representatives about size discrimination.
- That fat people and their allies attend public forums and question
candidates for public office about their position on anti-size discrimination
legislation.
- That fat people and their allies support candidates for office based
in part on the candidates' position on anti-size discrimination legislation.
- That victims of size discrimination seek redress through negotiation, public education, and legal channels.
NAAFA RESOLVES TO:
- To the extent allowable by law, actively support local, state, and
federal anti-size discrimination legislation by providing background material,
writing letters of support, testifying, and/or engaging in public actions.
- Educate elected representatives about size discrimination.
- Develop and implement a governmental relations program which involves
mobilizing NAAFA chapters and members to pursue anti-size discrimination
legislation in their cities, counties, and states.
- Report on legislative developments in the NAAFA Newsletter, and in brochures, letters, and press releases.
Latest Revised: 10/31/93
First Passed: 10/31/93
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