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	<title>
	Comments on: Fat is the New Black	</title>
	<atom:link href="https://www.overlawyered.com/2008/12/fat-is-the-new-black/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2008/12/fat-is-the-new-black/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: Jonathan		</title>
		<link>https://www.overlawyered.com/2008/12/fat-is-the-new-black/comment-page-1/#comment-37972</link>

		<dc:creator><![CDATA[Jonathan]]></dc:creator>
		<pubDate>Fri, 02 Jan 2009 07:37:16 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8071#comment-37972</guid>

					<description><![CDATA[My earlier post was silly but the overall point was that such an anti-discrimination rule need not be taken to absurd extremes. Bork used to do this with the Civil Rights Act and the Dinner Party story with his students. 

And whilw I may agree that racial discrimination is a more severe and hurtful policy than discrimination on the basis of weight, I think the underlying principle is that employers should not discriminate against job applicants on the basis of a quality that has no impact on job performance, like most disabilities, race, or gender. Now we even protect some classes whose qualities obviously impact job performance - age, speaking accent, marital status, some mental illness, etc.]]></description>
			<content:encoded><![CDATA[<p>My earlier post was silly but the overall point was that such an anti-discrimination rule need not be taken to absurd extremes. Bork used to do this with the Civil Rights Act and the Dinner Party story with his students. </p>
<p>And whilw I may agree that racial discrimination is a more severe and hurtful policy than discrimination on the basis of weight, I think the underlying principle is that employers should not discriminate against job applicants on the basis of a quality that has no impact on job performance, like most disabilities, race, or gender. Now we even protect some classes whose qualities obviously impact job performance &#8211; age, speaking accent, marital status, some mental illness, etc.</p>
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		<title>
		By: Lenn Warde		</title>
		<link>https://www.overlawyered.com/2008/12/fat-is-the-new-black/comment-page-1/#comment-37890</link>

		<dc:creator><![CDATA[Lenn Warde]]></dc:creator>
		<pubDate>Wed, 31 Dec 2008 19:51:59 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8071#comment-37890</guid>

					<description><![CDATA[Not really, I love meat.  I&#039;m just saying that if the insurance companies are allowed to hedge their bets on the overweight on the grounds that it&#039;s a choice, they can and will begin doing the same thing with any behavior they can get away with.  I can think of lots more.  Using salt at the dinner table.  There&#039;s something I actually am against that is unhealthy.  Eating potatoes or pasta at every meal.  Trans fat.  Omega 6 fatty acids.

There, you can say I&#039;m a propagandist against those things.  Now, let you go be turned down for employment if your blood sodium is higher than mine.]]></description>
			<content:encoded><![CDATA[<p>Not really, I love meat.  I&#8217;m just saying that if the insurance companies are allowed to hedge their bets on the overweight on the grounds that it&#8217;s a choice, they can and will begin doing the same thing with any behavior they can get away with.  I can think of lots more.  Using salt at the dinner table.  There&#8217;s something I actually am against that is unhealthy.  Eating potatoes or pasta at every meal.  Trans fat.  Omega 6 fatty acids.</p>
<p>There, you can say I&#8217;m a propagandist against those things.  Now, let you go be turned down for employment if your blood sodium is higher than mine.</p>
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		<title>
		By: Dirk D		</title>
		<link>https://www.overlawyered.com/2008/12/fat-is-the-new-black/comment-page-1/#comment-37870</link>

		<dc:creator><![CDATA[Dirk D]]></dc:creator>
		<pubDate>Wed, 31 Dec 2008 15:06:34 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8071#comment-37870</guid>

					<description><![CDATA[&quot; You still eat meat? $2000 more. RED meat? $2000 further.&quot;

Subtle vegetarian trolling.]]></description>
			<content:encoded><![CDATA[<p>&#8221; You still eat meat? $2000 more. RED meat? $2000 further.&#8221;</p>
<p>Subtle vegetarian trolling.</p>
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		<title>
		By: Lenn Warde		</title>
		<link>https://www.overlawyered.com/2008/12/fat-is-the-new-black/comment-page-1/#comment-37869</link>

		<dc:creator><![CDATA[Lenn Warde]]></dc:creator>
		<pubDate>Wed, 31 Dec 2008 13:41:04 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8071#comment-37869</guid>

					<description><![CDATA[Obviously it would be foolish to demand that overweight people should be hired in professions that are ill suited to them.

Likewise, however, it is irrational to discriminate against the overweight in jobs where physical ability IS NOT A FACTOR.  Studies have proven that it is hader for the overweight to get jobs even where weight is unimportant.  For this reason, I agree with this law.

Recently, insurance companied have been trying to charge employers more for hiring overweight people.  I expect a lot of the readers of this blog to applaud this move.  OK.  As long as you are forced to pay extra for YOUR chosen &quot;risky&quot; behaviors.  Don&#039;t eat 20 oz of vegetables a day?  $2000 more for insurance per year.  You still eat meat?  $2000 more.  RED meat?  $2000 further.  Do you have sex?  All sex carries some risk of disease.  $2000 more, and another $2000 more if any of it exchanges fluids or involves skin contact not protected by latex.]]></description>
			<content:encoded><![CDATA[<p>Obviously it would be foolish to demand that overweight people should be hired in professions that are ill suited to them.</p>
<p>Likewise, however, it is irrational to discriminate against the overweight in jobs where physical ability IS NOT A FACTOR.  Studies have proven that it is hader for the overweight to get jobs even where weight is unimportant.  For this reason, I agree with this law.</p>
<p>Recently, insurance companied have been trying to charge employers more for hiring overweight people.  I expect a lot of the readers of this blog to applaud this move.  OK.  As long as you are forced to pay extra for YOUR chosen &#8220;risky&#8221; behaviors.  Don&#8217;t eat 20 oz of vegetables a day?  $2000 more for insurance per year.  You still eat meat?  $2000 more.  RED meat?  $2000 further.  Do you have sex?  All sex carries some risk of disease.  $2000 more, and another $2000 more if any of it exchanges fluids or involves skin contact not protected by latex.</p>
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		<title>
		By: Todd Rogers		</title>
		<link>https://www.overlawyered.com/2008/12/fat-is-the-new-black/comment-page-1/#comment-37846</link>

		<dc:creator><![CDATA[Todd Rogers]]></dc:creator>
		<pubDate>Wed, 31 Dec 2008 02:26:26 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8071#comment-37846</guid>

					<description><![CDATA[Couldn&#039;t Binghamton just concoct an anti-trans-fat ordinance, make it retroactive, and thus create a tidal wave of discrimination lawsuits?  Plaintiffs &lt;i&gt;could&lt;/i&gt; go through life fat, drunk, and stupid and proclaim victimization.]]></description>
			<content:encoded><![CDATA[<p>Couldn&#8217;t Binghamton just concoct an anti-trans-fat ordinance, make it retroactive, and thus create a tidal wave of discrimination lawsuits?  Plaintiffs <i>could</i> go through life fat, drunk, and stupid and proclaim victimization.</p>
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		<title>
		By: The Laconic Law Blog &#187; Blog Archive &#187; Height and Weight Discrimination?		</title>
		<link>https://www.overlawyered.com/2008/12/fat-is-the-new-black/comment-page-1/#comment-37815</link>

		<dc:creator><![CDATA[The Laconic Law Blog &#187; Blog Archive &#187; Height and Weight Discrimination?]]></dc:creator>
		<pubDate>Tue, 30 Dec 2008 18:54:08 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8071#comment-37815</guid>

					<description><![CDATA[[...] has the story today here on a new law passed by the City Council in Binghamton, New York, prohibiting discrimination based [...]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] has the story today here on a new law passed by the City Council in Binghamton, New York, prohibiting discrimination based [&#8230;]</p>
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		<title>
		By: Mike		</title>
		<link>https://www.overlawyered.com/2008/12/fat-is-the-new-black/comment-page-1/#comment-37804</link>

		<dc:creator><![CDATA[Mike]]></dc:creator>
		<pubDate>Tue, 30 Dec 2008 13:36:01 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8071#comment-37804</guid>

					<description><![CDATA[Time to get real.  America keeps lowering the bar through all these &quot;protect&quot; those who refuse to help themselves programs.  Hence, our history of being a competitive nation is almost gone.  These special interests programs are costing the taxpayers millions.  The world sees the US as FAT, LAZY, SELF-CENTERED, and CORRUPT. Let the strong survive and the weak step aside -- and the nation will be better off.]]></description>
			<content:encoded><![CDATA[<p>Time to get real.  America keeps lowering the bar through all these &#8220;protect&#8221; those who refuse to help themselves programs.  Hence, our history of being a competitive nation is almost gone.  These special interests programs are costing the taxpayers millions.  The world sees the US as FAT, LAZY, SELF-CENTERED, and CORRUPT. Let the strong survive and the weak step aside &#8212; and the nation will be better off.</p>
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		<title>
		By: jb		</title>
		<link>https://www.overlawyered.com/2008/12/fat-is-the-new-black/comment-page-1/#comment-37790</link>

		<dc:creator><![CDATA[jb]]></dc:creator>
		<pubDate>Tue, 30 Dec 2008 04:58:59 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8071#comment-37790</guid>

					<description><![CDATA[&lt;i&gt;and the horizontally expansive will be able to demand wider doors and sturdier seats in restaurants and shops.&lt;/i&gt;

Why only the horizontally expansive?  As a thin person, I need some personal space.  Allowing only those people whose bodies actually take up the extra space to sue would discriminate unfairly against thin people.]]></description>
			<content:encoded><![CDATA[<p><i>and the horizontally expansive will be able to demand wider doors and sturdier seats in restaurants and shops.</i></p>
<p>Why only the horizontally expansive?  As a thin person, I need some personal space.  Allowing only those people whose bodies actually take up the extra space to sue would discriminate unfairly against thin people.</p>
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		<title>
		By: Walter Olson		</title>
		<link>https://www.overlawyered.com/2008/12/fat-is-the-new-black/comment-page-1/#comment-37775</link>

		<dc:creator><![CDATA[Walter Olson]]></dc:creator>
		<pubDate>Mon, 29 Dec 2008 22:21:43 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8071#comment-37775</guid>

					<description><![CDATA[I&#039;m still on vacation, but just wanted to say that if you find suits of this sort a fantasy or complete non-issue, you might want to check out &lt;a href=&quot;http://www.walterolson.com/2006/08/disabling_america.html&quot; rel=&quot;nofollow&quot;&gt;this piece of mine&lt;/a&gt; from a decade ago about physical employment screening, safety, and discrimination law. Would-be firefighters incapable of carrying a body down a ladder can already challenge their exclusion under existing anti-discrimination law, even absent any ordinance like this, on the grounds that upper-body strength requirements unfairly tend to exclude female applicants for firefighting jobs. The ACLU and like-minded groups have filed many such suits and have often prevailed. 

It&#039;s true that federal courts have moved toward somewhat more pro-employer interpretations in the years since then, but it&#039;s also true that Congress has lately been moving once again to liberalize the employment-discrimination laws to allow more suits, higher damages, etc. If an applicant in Binghamton has any case based specifically on obesity as a directly protected class, it will presumably have to go forward under some provision of New York state law.]]></description>
			<content:encoded><![CDATA[<p>I&#8217;m still on vacation, but just wanted to say that if you find suits of this sort a fantasy or complete non-issue, you might want to check out <a href="http://www.walterolson.com/2006/08/disabling_america.html" rel="nofollow">this piece of mine</a> from a decade ago about physical employment screening, safety, and discrimination law. Would-be firefighters incapable of carrying a body down a ladder can already challenge their exclusion under existing anti-discrimination law, even absent any ordinance like this, on the grounds that upper-body strength requirements unfairly tend to exclude female applicants for firefighting jobs. The ACLU and like-minded groups have filed many such suits and have often prevailed. </p>
<p>It&#8217;s true that federal courts have moved toward somewhat more pro-employer interpretations in the years since then, but it&#8217;s also true that Congress has lately been moving once again to liberalize the employment-discrimination laws to allow more suits, higher damages, etc. If an applicant in Binghamton has any case based specifically on obesity as a directly protected class, it will presumably have to go forward under some provision of New York state law.</p>
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		<title>
		By: SmokeVanThorn		</title>
		<link>https://www.overlawyered.com/2008/12/fat-is-the-new-black/comment-page-1/#comment-37774</link>

		<dc:creator><![CDATA[SmokeVanThorn]]></dc:creator>
		<pubDate>Mon, 29 Dec 2008 21:34:22 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=8071#comment-37774</guid>

					<description><![CDATA[The &quot;fireman thing&quot; is not a non-issue even if the absence of debilitating obesity is a BFOQ; rather, it becomes a basis on which claims are made, and time and resources are spent.]]></description>
			<content:encoded><![CDATA[<p>The &#8220;fireman thing&#8221; is not a non-issue even if the absence of debilitating obesity is a BFOQ; rather, it becomes a basis on which claims are made, and time and resources are spent.</p>
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