Know Your Legal Rights is a bi-monthly column distributed by the State Bar of Wisconsin. It is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service (LRS), which connects Wisconsin residents with lawyers throughout the state. To find an attorney in your area, visit wislaw.org.
By Katy Adler, Axley LLP
Weight is not a protected characteristic in most civil rights laws, meaning workplace discrimination based on weight is largely permitted. That may change as awareness grows about the impact of weight bias, but for now, employers should understand how bias can appear – and how to prevent it.
Employees with higher body weight may experience the workplace differently than their thinner colleagues. Recognizing weight bias and knowing your obligations under state and local laws can help prevent discrimination and create a more inclusive work environment.
Stigma and Weight Bias in the Workplace
Stereotypes about people with higher body weight often portray them as lazy, unmotivated, or lacking self-discipline. When employers or coworkers hold these views, even unconsciously, it can lead to unfair treatment.
Discrimination based on weight can take many forms. Employees may be denied promotions, disciplined more harshly, or even terminated because of their weight. Others may be excluded from client-facing roles or leadership opportunities due to assumptions about appearance or fitness.
Some company wellness programs also unintentionally reinforce bias. For example, if weight loss is a target to qualify for benefits or incentives, employees who don’t meet those goals may feel stigmatized. In some workplaces, they may also face teasing or derogatory comments about their size from colleagues.
Impact of Weight Bias
Weight bias doesn’t just harm morale – it can have lasting physical and psychological effects. Employees who experience weight-related stigma are at greater risk for:
- Depression and anxiety
- Low self-esteem and isolation
- Eating disorders or unhealthy dieting
- Increased blood pressure and physiological stress
The result is often reduced productivity, increased absenteeism, and lower overall workplace satisfaction.
Why Weight Is Rarely Protected
Despite these negative outcomes, most civil rights laws do not treat weight as a protected category. Federal law and most state laws prohibit discrimination based on race, sex, age, disability, and other traits – but not weight.
In most jurisdictions, weight-based discrimination is illegal only if it overlaps with another protected category. For example, disciplining an employee for a medical condition related to weight could fall under disability discrimination, but weight alone is not enough.
Exceptions in the Great Lakes Region
A few states and municipalities have acted to protect workers from weight discrimination:
- Madison, Wisconsin: The city’s Equal Opportunities Ordinance bans employment discrimination based on “physical appearance,” which includes weight. Violations can result in fines between $100 and $500.
- Michigan: The Elliott-Larsen Civil Rights Act prohibits discrimination based on both height and weight. Employers who violate the law can face damages and fines from $10,000 to $50,000, depending on the number of violations.
- Urbana, Illinois: The city’s Human Rights Ordinance prohibits discrimination based on “personal appearance,” including weight, with fines up to $500 per violation.
While these protections are limited, they may signal a broader shift toward recognizing weight discrimination as a legitimate workplace concern.
Tips for Employers
Even where weight bias isn’t legally prohibited, employers have strong reasons to address it proactively. A more inclusive culture benefits morale, reduces legal risk, and promotes fairness.
Start by increasing awareness of your own assumptions about body size. Understanding implicit bias helps you identify where it may appear in workplace policies or decisions.
The UConn Rudd Center for Food Policy and Health offers guidance for employers seeking to reduce bias, including:
- Recognize the stigma individuals with higher weight face.
- Create policies that prohibit weight discrimination.
- Address incidents of bias promptly and consistently.
It’s also worth reviewing wellness programs. If your program rewards weight loss, consider shifting the focus to healthy behaviors – such as regular physical activity, balanced nutrition, or annual health screenings. These changes encourage participation without singling out employees based on weight.
Bottom Line
Awareness of weight bias is growing, and while most laws don’t yet classify weight as a protected characteristic, the cultural and legal landscape is changing. Employers can stay ahead of the curve by reviewing policies and programs now.
Fostering a respectful environment that values health and inclusion – not appearance – helps ensure all employees can thrive. By taking small steps to reduce bias, you can improve workplace culture, strengthen retention, and promote fairness for everyone.
Attorney Katy Adler practices with Axley LLP in Waukesha, Wisconsin. Axley advises employers on labor and employment law compliance. Know Your Legal Rights is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service, which helps connect the public with appropriate legal counsel. Learn more at wislaw.org.
