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Anglo-American comparison of employers' liability for discrimination in employment based on weightism.

Middlemiss, Sam; Downie, Margaret

Authors

Sam Middlemiss

Margaret Downie



Abstract

This article analyses and compares research into discrimination based on weight (weightism) and the legal rules that cover it in the United Kingdom and the United States. Weightism is discrimination that is often based on stereotypical views of people who have weight issues, especially people who are obese or very thin. This article will restrict its attention to discrimination against obese employees; however, what is said applies to both categories of employees, because extremely thin employees will experience similar discriminatory treatment at the hands of their employers and are entitled to the same legal protection. There has been a general lack of precedent in both jurisdictions which makes determining entitlement to legal rights difficult and uncertain. It is therefore extremely apt to review employers' liability in this area given the recent European Court of Justice decision in FOA, Kaltoft v Billund Kommune.

Citation

MIDDLEMISS, S. and DOWNIE, M. 2015. Anglo-American comparison of employers' liability for discrimination in employment based on weightism. Equal rights review, 15, pages 87-111.

Journal Article Type Article
Acceptance Date Oct 1, 2015
Online Publication Date Oct 1, 2015
Publication Date Dec 31, 2015
Deposit Date Nov 6, 2015
Publicly Available Date Nov 6, 2015
Journal Equal rights review
Print ISSN 1757-1650
Electronic ISSN 1757-1650
Publisher The Equal Rights Trust
Peer Reviewed Not Peer Reviewed
Volume 15
Pages 87-111
Keywords Discrimination based on weight (weightism); United Kingdom; United States; Stereotypes; Obese; Discrimination against obese employees; Legal protection; Determining entitlement to legal rights; Employers' liability
Public URL http://hdl.handle.net/10059/1335
Publisher URL http://www.equalrightstrust.org/ertdocumentbank/Anglo-American%20Comparison%20of%20Employers%E2%80%99%20Liability%20for%20Discrimination%20in%20Employment%20based%20on%20Weightism.pdf

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