Alabama lawmaker brings bill to ban discrimination based on body size

A bill aimed at protecting Alabamians from discrimination at work due to body size is being considered this year at the state capitol. If it passes, Alabama would be one of a small handful of places to ban weight discrimination.

“The purpose of this act is to prohibit weight discrimination and promote equality, dignity and respect for all individuals in the state of Alabama,” the bill states.

The bill, HB18, would make it possible for workers to sue their employers if they have been discriminated against based on their weight and makes such discrimination illegal. Filed by Rep. Juandalynn Givan, D-Birmingham, the bill is meant to start a conversation about weight discrimination, she said.

“I know a lot of people who are overweight who can do just as much. They may move slower. They may move faster,” she said.

Givan said she decided to file the bill after constituents shared their experiences with weight discrimination with her. According to the Centers for Disease Control, 35 to 40 percent of Alabamians are obese.

Dr. Fatima Cody Stanford, an associate professor of medicine at Harvard University, works with patients who struggle with their weight. She said weight discrimination at work happens often in many industries.

“Unfortunately,” she said, “obesity is a disease that one wears. People that happen to carry extra weight are considered to be undisciplined, lazy, passive, careless and they’re judged based upon that.”

Stanford said Black women have the highest rates of obesity in the United States, making weight discrimination an overlapping concern with racial discrimination. She said she believes weight discrimination bans can help raise public awareness about the problem.

Just a few places, including New York City and Michigan, have passed weight discrimination bans. Bills similar to Alabama’s have been considered in recent years in states like New Jersey and Washington.

A spokesperson for the national non-profit, The Obesity Action Coalition, Kendall Griffey, said the group supports Alabama’s bill to end weight discrimination.

“Obesity is a complex, chronic disease driven by biology, not choice – yet individuals affected by overweight or obesity often face unjust negative perceptions. These attitudes can have a negative impact on wages, promotions and decisions about employment status,” said Griffey.

Givan, the lawmaker who filed the bill, acknowledged that passing anti-discrimination legislation in Alabama can be a challenge. But she said that even when such legislation fails initially, it still gets read by lobbyists and businesses and can contribute to a shift in attitudes.

“If they are able to do the job it shouldn’t matter,” she said. Givan said the state is lacking an adequate workforce, and yet some people are wrongly underemployed or unemployed due to their weight, “All Alabamians should have a fair shot.”