Employers & Co-workers Beware:
If Obese Workers feel they are discriminated against, Lawsuits
Likely

ATLANTA, Nov. 6, 2003: Nearly half the American work force believes that overweight employees suffer discrimination at the hands of co- workers and supervisors -- a fact that legal experts predict will lead to expensive litigation for employers.

In a just-released survey of 603 full- and part-time American workers, 47 percent said they believe obese employees are discriminated against. Charles T. Huddleston, chair of the Employment Law Practice Team at Atlanta law firm Arnall Golden Gregory LLP, said the poll illustrates that obesity discrimination is now recognized as a real problem in the workplace.

"Only a handful of cities have laws barring size discrimination, but as the issue of obesity discrimination continues to gain speed, additional regulation and costly litigation are sure to follow," Huddleston said.

However, Huddleston suggested several ways for employers to avoid lawsuits and other problems that stem from obesity discrimination.

"As with almost any discriminatory practice, the first and best way to attack it is to increase communication around the issue," he said. "Employers also should explore health programs to help employees avoid obesity. By taking these steps, employers stand not only to improve morale and create a more tolerant work environment, but they save dollars by avoiding expensive litigation and by negotiating less-costly premiums for health care." TOP

The survey is part of an ongoing series of "America at Work" polls commissioned by the Employment Law Alliance, a global network of law firms with labor and employment practices. Independent research firm Reed, Haldy McIntosh & Associates of Media, Pa., conducted the national telephone survey the week of Oct. 20. Key findings included:

• 47 percent believe obese workers suffer discrimination in the workplace.

• 32 percent think these workers are less likely to be respected and taken seriously in the workplace

• 31 percent say obese workers deserve special government protection against weight-based discrimination.

• 30 percent feel these overweight workers are less likely to be hired or promoted.

• 11 percent who describe themselves as overweight or obese say they have been the victim of weight-related discrimination in either their current or former workplace.

The results reveal sharp differences in attitudes on the need for government protections for the overweight worker. For example, 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. TOP

Source: Arnall Golden Gregory LLP

AGG Arnall Golden Gregory is the exclusive Georgia representative for the Employment Law Alliance, the world's largest integrated, global practice network comprised 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 more information, please visit www.employmentlawalliance.com . For more information, visit www.agg.com or call 404.873.8500.