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	<title>
	Comments on: Bias based on height and weight	</title>
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	<link>https://www.overlawyered.com/2007/05/bias-based-on-height-and-weight/</link>
	<description>Chronicling the high cost of our legal system</description>
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	<item>
		<title>
		By: Tim		</title>
		<link>https://www.overlawyered.com/2007/05/bias-based-on-height-and-weight/comment-page-1/#comment-7365</link>

		<dc:creator><![CDATA[Tim]]></dc:creator>
		<pubDate>Fri, 25 May 2007 09:25:00 +0000</pubDate>
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					<description><![CDATA[&lt;i&gt;If this law passes, Ellen, and other such claimants, will be able to sue the Boston Celtics and New England Patriots for being discriminated against in selecting a team.&lt;/i&gt;

Perhaps.  I would not be opposed to such legislation if it only involved discrimination where it&#039;s clearly not related to ability to do the job.  In the case of the NBA, height is a legitimate factor to determine ability to do the job and would thus be protected.  Or even a bouncer at a bar, for that matter; you want them big and burly to be effective.

Someone working behind a desk somewhere off on their own, on the other hand, really has no business need to be tall and slender in order to perform the job.

A common sense law would recognize when said discrimination was a legitimate business need and protect that; but &quot;laws&quot; and &quot;common sense&quot; rarely seem to intersect these days.
]]></description>
			<content:encoded><![CDATA[<p><i>If this law passes, Ellen, and other such claimants, will be able to sue the Boston Celtics and New England Patriots for being discriminated against in selecting a team.</i></p>
<p>Perhaps.  I would not be opposed to such legislation if it only involved discrimination where it&#8217;s clearly not related to ability to do the job.  In the case of the NBA, height is a legitimate factor to determine ability to do the job and would thus be protected.  Or even a bouncer at a bar, for that matter; you want them big and burly to be effective.</p>
<p>Someone working behind a desk somewhere off on their own, on the other hand, really has no business need to be tall and slender in order to perform the job.</p>
<p>A common sense law would recognize when said discrimination was a legitimate business need and protect that; but &#8220;laws&#8221; and &#8220;common sense&#8221; rarely seem to intersect these days.</p>
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		<title>
		By: Linda Gorman		</title>
		<link>https://www.overlawyered.com/2007/05/bias-based-on-height-and-weight/comment-page-1/#comment-7364</link>

		<dc:creator><![CDATA[Linda Gorman]]></dc:creator>
		<pubDate>Wed, 23 May 2007 19:13:35 +0000</pubDate>
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					<description><![CDATA[Should be interesting when evidence-based medicine rules for obesity prevention and treatment are up and running in MA health plan and start focusing on overweight people...
]]></description>
			<content:encoded><![CDATA[<p>Should be interesting when evidence-based medicine rules for obesity prevention and treatment are up and running in MA health plan and start focusing on overweight people&#8230;</p>
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		<item>
		<title>
		By: Barry Nordin		</title>
		<link>https://www.overlawyered.com/2007/05/bias-based-on-height-and-weight/comment-page-1/#comment-7363</link>

		<dc:creator><![CDATA[Barry Nordin]]></dc:creator>
		<pubDate>Wed, 23 May 2007 08:52:46 +0000</pubDate>
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					<description><![CDATA[If this law passes, Ellen, and other such claimants, will be able to sue the Boston Celtics and New England Patriots for being discriminated against in selecting a team.
]]></description>
			<content:encoded><![CDATA[<p>If this law passes, Ellen, and other such claimants, will be able to sue the Boston Celtics and New England Patriots for being discriminated against in selecting a team.</p>
]]></content:encoded>
		
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		<item>
		<title>
		By: Justinian Lane		</title>
		<link>https://www.overlawyered.com/2007/05/bias-based-on-height-and-weight/comment-page-1/#comment-7362</link>

		<dc:creator><![CDATA[Justinian Lane]]></dc:creator>
		<pubDate>Wed, 23 May 2007 01:03:09 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4933#comment-7362</guid>

					<description><![CDATA[Is this a bad thing?  If you can&#039;t discriminate against people because of their height and weight?  I mean, if I can&#039;t decide to not hire someone because of the color of their skin, why can I decide not to hire them based upon how much skin they have?

Unless height or weight are relevant to the job, there shouldn&#039;t be discrimination against people based upon their height and weight.

I do hope this won&#039;t have a negative effect on Hooter&#039;s, though.
]]></description>
			<content:encoded><![CDATA[<p>Is this a bad thing?  If you can&#8217;t discriminate against people because of their height and weight?  I mean, if I can&#8217;t decide to not hire someone because of the color of their skin, why can I decide not to hire them based upon how much skin they have?</p>
<p>Unless height or weight are relevant to the job, there shouldn&#8217;t be discrimination against people based upon their height and weight.</p>
<p>I do hope this won&#8217;t have a negative effect on Hooter&#8217;s, though.</p>
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