Nearly One-Half of Americans Polled Believe Obese Workers Are Discriminated against on the Job; Employment Law Alliance Survey Reflects Attitudes toward the Working Overweight

Business Wire, Nov 6, 2003

Business Editors

SEATTLE--(BUSINESS WIRE)--Nov. 6, 2003

Nearly one-half (47 percent) of American workers believe that plus-size workers are being discriminated against in the U.S. workplace by their coworkers and supervisors, according to the latest "America At Work" public opinion survey conducted by the Employment Law Alliance (ELA).

The survey of 603 Americans (who currently work full- or part-time) is among the first to focus on "the perception and predicament" of America's working overweight, according to Stephen J. Hirschfeld, Esq., CEO and founder of ELA, and a partner in the California-based employment law firm of Curiale, Dellaverson, Hirschfeld, Kraemer and Sloan, LLP.

"Employers are focused on trimming budgets, but now we're seeing grave concern among Americans for the welfare of the overweight worker," explained Hirschfeld. Significant findings of the national telephone survey conducted during the week of October 20 include:

-- 47% believe obese workers suffer discrimination in the

workplace.

-- 32% think these workers are less likely to be respected and

taken seriously in the workplace.

-- 31% say the workers deserve special government protection

against weight-based discrimination.

-- 30% feel that these overweight workers are less likely to be

hired or promoted.

-- 11% who describe themselves as overweight or obese say they

have been victims of weight-related discrimination in either

their current or former workplace.

Hirschfeld said the poll results show sharp differences in attitudes when it comes to the issue of the government providing special legal protections for overweight and obese workers. For example, he noted that while 38 percent of those polled who consider themselves overweight said they support special federal protections, that view was shared by only 26 percent of the respondents who describe themselves as standard or underweight.

"Obesity is at crisis proportions in America as a health issue but not as an employment issue," said Hirschfeld. "At least not yet. Employers have to realize - and for many this poll will serve as a wake-up call - that they are looking at a problem that could rival or surpass that of gender and race discrimination in the workplace. Now is the time for education and communication, or increased regulation and litigation won't be far off." Sharon Toncray, a partner at Miller Nash LLP, the Washington and Oregon ELA member firm, added that some employees with obesity-related medical conditions may be protected under current law, particularly the Americans with Disabilities Act (ADA). "The ADA protects employees from discrimination based on a disability or a condition that is perceived as a disability," said Toncray. "Employers should be aware of the potential ADA implications of obesity."

Employers throughout the United States are seeing their health care costs rise dramatically in part due to the growing epidemic of obesity. Mary Petersen, a Seattle partner at Miller Nash, noted that weight-related illness consumes a disproportionately large amount of the billions that employers spend on health care benefits each year. "Employer-sponsored wellness programs can lower health care costs and enhance a company's bottom line by improving productivity, recruitment and retention, and morale." Petersen observed that an increasing number of the firm's business clients are implementing wellness programs.

The Employment Law Alliance is the world's largest integrated, global practice network comprising of premier, independent law firms distinguished for their practice in employment and labor law. There are member firms in every jurisdiction in the United States and major commercial centers throughout the world. For further information, including access to the survey charts and graphs, visit www.employmentlawalliance.com.