Diversity and inclusion: should weight be a protected characteristic in the workplace?

In the US, weight-based discrimination laws are gradually being introduced, preventing employers from making prejudiced decisions against staff. This blog explores the complexities of the subject for the workplace and the benefits and challenges of its potential designation as a protected characteristic.

4 mins read
Weight Discrimination   Mobile

11 Dec, 2024

Workplace diversity and inclusion are expanding to consider factors beyond traditional categories like race, gender, and age. One emerging topic is whether weight should be a protected characteristic, sparking debate about societal perceptions, legal frameworks, and the potential impact on employees and employers.  

Advocates argue that this level of protection can contribute to creating a more inclusive work environment. Weight-based discrimination, commonly known as ‘weightism’ or ‘sizeism’, is a prevalent issue affecting individuals of varying body sizes, both inside and outside of the workplace. By acknowledging weight as a protected characteristic, organizations signal their commitment to combatting discrimination, promoting fairness, and creating a workplace culture that values diversity in all its forms. 

Addressing weight-based discrimination in the workplace 

Weight-based discrimination can have detrimental effects on an individual’s mental and physical well-being. Employees who experience weight-related bias may face challenges such as lower self-esteem, higher stress levels, and increased absenteeism. Employers that recognize this can work towards building a workplace culture that values well-being and actively combats the negative impact of weight stigma. 

The issue can equally apply to those who are overweight or underweight. Those who are either may be sensitive about their appearance and underestimated by their employer and colleagues – particularly in terms of highly physical roles that require strength or stamina. It’s worth remembering that bias of this kind can be just as damaging for organizations as cases of disability, race, and gender discrimination, and requires employers to act with care, particularly at the hiring stage. 

The question of whether weight should be solely considered as a protected characteristic or as part of a broader category, such as disability, presents a nuanced challenge when creating policies. Striking the right balance between acknowledging weight-related discrimination and avoiding causing unintended distress/offense, requires consideration and consultation with experts in both employment law and diversity and inclusion. 

Advantages of weight-based discrimination laws 

Combatting weight discrimination

Employees facing bias due to their weight may encounter challenges in career advancement, recruitment processes, or even day-to-day interactions. Recognizing weight as a protected characteristic could serve as a proactive measure to address and eliminate such discriminatory practices, and even influence positive attitudes beyond the workplace.  

Promoting inclusivity and diversity

Broadening the scope of protected characteristics can contribute to an increased inclusive and diverse work environment. A workplace that acknowledges and embraces employees of diverse body sizes sends a powerful message about acceptance and equal opportunities for all. This, in turn, can lead to improved morale, productivity, and overall job satisfaction. 

Aligning with evolving social norms

As societal norms evolve, so too should our understanding of diversity and inclusion. Considering weight as a protected characteristic reflects a commitment to staying attuned to the changing dynamics of societal expectations. This adaptability is crucial for organizations striving to create environments that resonate with a wide range of employees. 

Counterarguments for weight-based discrimination laws 

 Practical challenges in implementation

While every step should be taken to protect employees from weight-based discrimination, critics argue that implementing weight-based policies may pose practical challenges. Unlike characteristics such as race or gender, weight can fluctuate, making it difficult to establish clear guidelines. Determining when weight-related decisions are discriminatory or based on other factors may require subtle evaluations. Additionally, concerns may arise regarding the potential for abuse or misuse of protections, with individuals falsely claiming discrimination based on weight. 

Balancing individual responsibility

Another perspective emphasizes the importance of individual responsibility in managing one’s health and well-being – critics contend that certain aspects of personal choices, such as diet and exercise, contribute to body weight. However, this perspective is flawed in that many factors such as mental health issues and diseases/conditions/medication can make weight loss difficult or near impossible. 

Potential impact on employer autonomy

Some argue that designating weight as a protected characteristic might impede an employer’s autonomy in making decisions that they deem necessary for their business. Concerns about interference in hiring practices, especially in industries with specific physical requirements, raise questions about the extent to which protection should be granted.  

Weight-based legal frameworks: the way forward  

Evaluating existing anti-discrimination laws

Examining current anti-discrimination laws is a crucial step in determining the necessity of adding weight as a protected characteristic. Existing discrimination laws based on disability or appearance could encompass weight-related issues. 

Crafting inclusive policies

Instead of solely relying on legal designations, organizations can proactively develop and implement inclusive policies that promote a positive workplace culture. This includes providing education on body positivity, and mental health, and promoting overall well-being. 

Encouraging dialogue and training

Open communication and training programs can play a vital role in addressing weight-related concerns. Encouraging a workplace culture where employees feel comfortable discussing diversity and inclusion can pave the way for a more understanding and supportive environment.  

Ultimately, the pursuit of workplace diversity and inclusion requires ongoing dialogue, collaboration, and a commitment to building environments where individuals of all backgrounds feel valued and respected. As organizations continue to evolve in response to societal changes, they can expect to be challenged to find innovative and equitable solutions that promote a more inclusive future. 

Looking to source diverse individuals for your team? Contact one of our specialist consultants today.

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1. Avoid gendered language

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Chris emphasised the importance of being mindful of gendered language, adding that employers can inadvertently signal that their culture aligns more with male stereotypes. 

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2. When it comes to experience and qualifications – use inclusive language

Companies often ask for extensive qualifications or specific years of experience in job descriptions, which can disproportionately discourage women and minority candidates. According to research from LinkedIn, women apply for jobs only if they meet 100% of the qualifications, whereas men will apply if they meet about 60%.

Michelle Topley, Permanent Recruitment Consultant in Reed’s Norwich office, in the UK, advises organisations, where possible, to rethink how they frame qualifications.

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“You need to really ask yourself if a qualification is 100% necessary for the vacancy you have, or is it just on your nice-to-have wish list?

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3. Promote flexible working options

Flexible work arrangements are more important than ever for candidates, especially those balancing caregiving responsibilities or dealing with other personal challenges. Advertising flexible work options prominently in job descriptions can open the door to a more diverse talent pool.

Shaq Hills, a Business Manager – Practice Specialist based in Reed’s Reading branch, in the UK, specialises in accountancy and finance practice recruitment. He said companies which are truly committed to inclusion need to make sure job specifications and descriptions reflect that you really understand how diverse individuals have different needs.

He said: “Not every business can offer flexible working, but most can have a stab at offering some form of flexibility. By doing this you are highlighting that as a business you are committed to employee wellbeing, by offering a ‘positive’ work-life balance.

“This is a major draw, particularly for women, older workers and those with disabilities. If you offer it, make it a prominent feature."

4. Remove bias in job titles

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5. Include your commitment to diversity

Explicitly stating a company’s commitment to EDI&B in job descriptions signals to candidates that an organisation values a wide range of perspectives and experiences. A simple paragraph outlining your EDI&B initiatives or your dedication to creating an inclusive environment can make a significant impact on potential applicants.

London-based Area Manager and public sector HR recruiter, Bukola Odofin, is an advocate of company’s having a clear employee value proposition that fully embodies a company’s culture, goals and commitments.

She said: "Your commitment to diversity shouldn’t just be a vague statement at the bottom of the job description, it should be part of your employee value proposition.

“This proposition should be woven into the job and clearly highlighted in any description or specification that is written. On top of this, where possible clearly define how the vacancy contributes to building an inclusive environment within your company and mention any specific inclusion and diversity initiatives you have."

6. Encourage applications from underrepresented groups

Sometimes, simply encouraging people from underrepresented groups to apply can broaden the pool of candidates. Job postings can include phrases like, “We encourage candidates from diverse backgrounds to apply,” which can reassure applicants that the company genuinely values diversity.

Chris Willsher, Regional Director at Reed, said one way of encouraging applications from underrepresented sectors is to advertise roles on platforms which are popular with individuals from those groups.

“You can’t attract underrepresented groups to your roles without highlighting your commitment to diversity on your website and in job descriptions, and offering training programmes, internships, and mentorship opportunities aimed at underrepresented individuals,” he said.

“Another way of encouraging applications is to promote employee referrals from diverse backgrounds and provide unconscious bias training for hiring managers to ensure a fair recruitment process. These strategies help create an inclusive environment that attracts a wide range of applicants.”

7. Highlight personal development opportunities

Inclusive job descriptions should also highlight growth opportunities within a company. When businesses emphasise that they support employee development and provide clear career pathways, they attract candidates who not only want a job but want to belong to a workplace that invests in their future.

“If you really want to demonstrate you value your people you need to really emphasise your commitment to learning and growth,” said Hayley Bee, Technology Practice Lead in Newcastle’s Reed office, in the UK.

She added: “I specialise in technology recruitment where skill shortages are rife, so by highlighting that you invest in your employees’ development on both a personal and professional level, you can really show that you value your people.

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Crafting inclusive job descriptions is not a one-time effort. It requires ongoing reflection, feedback, and refinement. The way you write your job description sends a powerful message about your company, meaning you need to ensure the message you are sending out is one that demonstrates you value inclusion.

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