The Implications of New York's Weight Discrimination Bill on Weight Stigma

New York City Mayor Eric Adams signed new legislation on May 26 that bans discrimination based on size, including height and weight. Advocates see the move as a significant step towards ending the practice of weight discrimination. Tigress Osborn, National Association to Advance Fat Acceptance board chair and co-founder of the Campaign for Size Freedom, noted in a press release that the problem with unequal treatment is ignored and not the bodies of people themselves. The new law aims at eliminating such unfair barriers for the people of higher weight.

New York City is among a few U.S. districts to declare weight discrimination illegal. Michigan and Washington State, San Francisco, and Madison, Wisconsin have already implemented similar legislation. However, in most places in the U.S., people can miss out on job opportunities, housing, or any other facilities due to their weight.

The prevalence of weight stigma is not a new concern in the U.S. Nearly 42% of American adults suffer from obesity, and one survey found that the same percentage reported encountering weight stigmatization. The new law in New York City is expected to prompt other states and cities to follow suit. Advocates hope it will increase momentum.

Weight discrimination is when people are treated negatively due to their body's size or weight. It affects people's jobs, education, and lives in general. Obesity is often regarded as a moral failing, and overweight people might potentially be seen as unhygienic, lazy, or unintelligent.

The newly enacted legislation prohibits weight discrimination from taking place in employment, housing, or public accommodation. Employers, for example, are no longer allowed to make hiring decisions based on the body weight of applicants. People who are heavier may also receive fewer educational opportunities, including interviews and acceptance at higher learning institutions.

Weight discrimination laws are essential human rights legislation. Further, weight stigma's hidden and additional burden is that it can negatively impact people's well-being. It causes feelings of anxiety and depression.

This is seen directly in how the quality of medical care varies across demographics—people who have obesity often receive worse medical treatment from healthcare professionals.

Weight discrimination can also cause stress responses that erode people’s health over time, Tomiyama added. And all of the negative perceptions about fatness don't actually motivate people to lose weight, she continued. Perceived weight stigma may drive disordered eating or other poor health outcomes.

“We know that when people experience weight discrimination, it really demotivates them from engaging in healthy behaviors,” she said.

New York City and other cities that have adopted these anti-discrimination laws are still in the minority—in most other places, there are no legal protections for size.

But there is hope. Over the last decade, Puhl and her research team have been tracking public opinion for this kind of legislation. The majority of Americans are in support.

There are, of course, a few objections. During the debate about New York City’s bill, some concern was raised, with certain groups wondering whether enforcing a weight discrimination ban would put an excessive burden on companies and courts.

And there are also some caveats to the rule—some employers can reject someone based on their size when “height or weight may prevent a person from performing essential requirements of a job.”

But in general, people seem to agree that weight discrimination bans are a good thing. The fact that New York City passed this legislation could help move the needle in other places—New York, New Jersey, and Massachusetts have all recently considered similar bills.

Tomiyama is hopeful that more talk about these proposed or passed bills could even reflect a change in the culture in the US, where people are becoming more vocal about ending weight stigma.

Banning discrimination based on height and weight would be a good protection for every person, experts agreed. But this legislation may have an even greater impact on key demographics who face stricter weight standards, like women, Puhl said. Additionally, low socioeconomic status Americans or some racial minority groups who face higher obesity rates could see a greater impact, Tomiyama noted.

But laws aren’t the only thing that has to change in order to shift the reality of weight discrimination in the United States. A long, underlying history of people’s unconscious biases and opinions will also have to shift.

“We also need to change hearts and minds,” Tomiyama said. “So as long as we live in a diet culture that prizes fitness at all costs, we’re still going to see discrimination, regardless of what laws are on the books.”