By Darliene Howell, Tigress Osborn, Amanda Cooper and Janet Conroy-Quirk

A recent article in the national business publication Bloomberg/Businessweek has brought the issue of fat bias in the workplace back into focus and generated a national conversation. 

Co-sponsor of the current Massachusetts legislation to end size discrimination Sen. Rebecca Rausch explained: 

“Fatness for so long was seen as a personal failure and only as a personal failure, which is why I think it is still a legal form of discrimination,” she says. “The existence of this law, as enacted, will help to further break down stigma.” 

She believes that opinions may be changing but that passage of this bill will codify that.

NAAFA Chair, Tigress Osborn, was also quoted in the article saying:

“The cultural shifts around acceptance of fat and questioning the diet industry and the pervasiveness of diet culture, some of those things have empowered more fat people individually to think about, ‘Oh, when my rights are being violated, this is not my fault.’ ”

Riding the wave of these cultural shifts, there are two legislative bills currently making their way through the State Houses of Massachusetts and New York.

Massachusetts

Massachusetts Representatives have, for several years, attempted to get a bill passed adding weight or height to the anti-discrimination laws. NAAFA worked closely with Former-Representative Byron Rushing in support of a bill. After Rep. Rushing retired, the cause was taken up by MA State Sen. Rebecca Rausch (S.2669)  and MA State Rep. Tram Nguyen (H.1822) in the current legislative session. The bills have been reported favorably from the Joint Committee on the Judiciary and have been referred to the committee on the Senate Ways and Means for further review.

This is a STATEWIDE bill. If it passes in Massachusetts, it could have a huge impact and may result in other states sponsoring their own bills including weight and/or weight or height in their anti-discrimination legislation.

But this legislation is not limited to workplace protections; it has comprehensive wording that covers all forms of discrimination. (The only allowed consideration of height or weight is in relation to federal, state, and industry safety standards). 

Many people wonder, what can I do to support ongoing antidiscrimination legislation?  

MA Call To Action

Personal anecdotes are a great way to support legislation and change public perceptions on an issue. NAAFA Community Voices Blog Editor, Janet Conroy-Quirk, submitted written testimony in support of the bills to the Joint Committee on the Judiciary documenting specific instances when she was discriminated against based on her body size.

An excerpt from Janet’s testimony reads:

“I exist in a body that society has labeled as unmotivated, uneducated, unsuccessful, unsanitary, uninspiring, unattractive, unhealthy, unlovable, undesirable, unsophisticated, unwanted and most of all…unwelcome. I am reminded of this prejudice every day, simply by showing up in the world. Whether it’s street harassment, online threats, or fatphobic punchlines in the media, I will always know that I am not accepted. But perhaps this bill can ensure that I am, in some way, protected.”

You may have a story you can share about size discrimination in the workplace, education, housing or public accommodation, or you may just support the bill. If you are a resident of Massachusetts, here’s what you can do to help:

• If you have a story to tell, please share it with your State Senator, Sen. Rausch and NAAFA

• Write, call, email or send a social media message directed to your State Senator stating your support of Senate Bill S.2669

• Whether you are a resident of Massachusetts or another state, please share this with any MA residents in your network

New York

There are two bills currently in committee in New York. Senate bill S8462, authored by Sen. Anna Kaplan, the discrimination against a person based on weight with regard to employment, housing or public accommodation. State Assembly bill A1851A, authored by Assemblymember Linda Rosenthal, is a more comprehensive bill which, similar to the pending Massachusetts legislation, simply prohibits discrimination against a person based upon weight with safety standards as the only consideration. Both bills have been referred to the governmental operations committees of the Senate and Assembly. 

According to the Bloomberg article, the bills are picking up support from other Senators and Assemblymembers along with that of the Retail, Wholesale & Department Store Union (RWDSU). 

NAAFA Chair, Tigress Osborn and NAAFA PR Chair, Amanda Cooper, have begun coalition building with RWDSU. NAAFA supported drafting of an earlier NY bill, coordinated efforts for a coalition of fat organizations to support the earlier bill, and did outreach to residents who could contact their representatives. As the current bills progress, NAAFA will join RWDSU, other fat lib orgs, and other labor and social justice groups in working toward the adoption of A1851A as the bill which provides the most protection to fat people. We will also work with disability rights and height and stature organizations to help ensure the passage of legislation that prevents size discrimination in the broadest ways possible.

Soon, we will be looking for New York residents who are willing to testify or contact their representative about the impacts of anti-fat discrimination. Watch for Call to Action announcements via our newsletter and social media. 

Want to change legislation in your state?

If you are interested in working with legislators in your State to sponsor a bill, here’s what you can do:

• If you have a story to share, please email us at admin@naafa.org

• If you are interested in supporting adding weight to the anti-discrimination laws where you reside, go to the NAAFA website and complete the sign-up form at the bottom of the #EqualityAtEverySize page. We’ll get in contact with you when we start working in your area.

Eidelson, Josh. “Bloomberg - Yes, You Can Still Be Fired for Being Fat.” Bloomberg.Com, ©2022 Bloomberg L.P., 15 Mar. 2022, www.bloomberg.com/news/features/2022-03-15/weight-discrimination-remains-legal-in-most-of-the-u-s