By

Suzanne Lucas /

MoneyWatch/ April 4, 2012, 8:02 AM

Is it OK to discriminate against obese people?

(MoneyWatch) COMMENTARY Victoria Hospital in Texas has stated they will no longer hire anyone with a Body Mass Index (BMI) of 35 or higher. To put that in perspective, that's 210 pounds for someone 5', 5".

On the one hand, it makes sense that your health care provider is, well, healthy. So of course they also are excluding people with a BMI below 18.5 (110 pounds for that same 5', 5" person), because that's considered unhealthy too.

Oh, never mind. They aren't really. It's only the fat people who are getting excluded.

Now, for the record, with rare exceptions, if you are overweight it's because you eat too much and exercise too little. Decrease the calories and increase the exercise and you will lose weight. (I'm fully prepared for the "but I have [insert medical condition]" comments, but honestly, if you truly cannot lose weight by diet and exercise you are in the minority.) And because being overweight is essentially voluntary, and not something like race that you cannot change, companies should be allowed to make rules around it. 

Am I too fat to get hired?

But being allowed to make such rules is far different from saying that they should. They should not. This is a ridiculous policy that will come back to (forgive the expression) bite them. First of all, "obese" is not what you think it is. Here's a Flickr set of photographs of real people along with their BMIs. Click through a few and your perceptions may change. For instance, there's this woman who has a BMI slightly over 35 and would be rejected by this hospital. She looks overweight to me, but if I saw her on the street I certainly wouldn't think she was "obese."

Here are five reasons this is a really bad policy:

1. You will lose out on some great candidates. Being smart and a hard worker doesn't mean you'll be automatically thin. Do you really want to exclude candidates based on something that has no relationship to their performance? While unemployment is high, it's not so high that you can afford to make blanket exclusions.

2. BMI is actually a poor predictor of health. It considers all weight the same, regardless of whether you are a well muscled athlete or a pudgy couch potato. Additionally, gender and race are not taken into consideration. If your goal is to lower health costs by hiring only the healthy, you've picked the wrong qualifier. Many scientists think it's outdated.

3. It may be illegal -- although not in the way you think. Only a few states and cities prohibit discrimination based on weight, but there is also the problem of disparate impact. This is where you have a policy that looks neutral but has a disproportionate impact on a particular group. In the case of BMI, African-American women are more likely to be overweight, according to BMI. You do not want a policy that will end up discriminating against any group, especially one built on shaky science.

4. What do you do when your star employee gains weight? Don't think it will happen? You're a bit naive. When that surgeon who brings in the big bucks packs on the pounds, do you fire him? If not, be prepared for the lawsuit from the $10 an hour worker of a different race or gender.

5. It's bad public relations. Wouldn't it be nice if you could just operate your business outside of the court of public opinion? Well, you can't. Now if you Google "Victoria Hospital Texas," three references to the obesity policy show up on the the first page of hits. Is that what you want prospective patients, donors, and employees to know about you? Probably not.

Before you implement any policy, you really need to think through the total consequences. Make the policy fit the actual problem you want to correct -- if you're concerned about overweight nurses not being able to adequately care for patients, make your standards around ability to care for a patient, regardless of weight.

Have a workplace dilemma or see something outrageous in the news? Send it to EvilHRLady@gmail.com

© 2012 CBS Interactive Inc.. All Rights Reserved.
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    Suzanne Lucas spent 10 years in corporate Human Resources. She's hired, fired, and analyzed the numbers for several major companies. She founded the Carnival of HR, a bi-weekly gathering of HR blogs, and her writings have been used in HR certification and management training courses across the country.

193 Comments Add a Comment
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InjusticeIsWrong says:
This article should be deleted and an apology should be issued by CBS for offending hardworking, law abiding citizens who just happen to be fat. Oh and the author should be forced to post her BMI for the world to see.
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cbsnewsyeah says:
You'll save thousands on insurance.
You'll save thousands on sick call.
You won't gross out fellow employees.
If someone is THAT fat, I don't care about their "special abilities" because there is something inherently wrong with them that I don't want them as a cow-worker anyway.
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garcik9 says:
Sorry for the rant. I just needed to make my piece.
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garcik9 says:
So next time you think about being ***** to us, take a gun and shoot your brains out. Good Riddance. By the way, this isn't for the nice skinny folk so pay my comments no heed.
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garcik9 says:
It's sad how many humans can be so cruel to people different than them. Look you skinnies, stop being such ******** to the overweight/obese. You're one of the main reasons our world is so messed up. Yeah we're overweight....BUT WE ARE STILL HUMAN. It's no wonder why we "larger-than-normals" are generally more nicer and MORE HUMAN than you. How about this? **** YOU ALL AND DIE SLOW, PAINFUL DEATHS. It would do the world a favor. Stupid ************* a$$holes.
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Dudesowin says:
---NO IT IS WRONG---
The real problem is how drug addicts put blame on others. If you shoot up with toxins you will destroy more fat than just that in your brain. That's right your brain is for the most part fat. Yes drugs have a diuretic effect with your body trying to get them out and hangovers are caused by pissing out all your brain's hormones.
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myopinion234 says:
I wonder if any of you heartless people realize how many overweight people have been abused and neglected as children? Look it up, the chances of you being addicted to food, shopping, gambling, ect. rises drastically for those who have deep emotional wounds. If loosing weight was so easy for them don't you think they would have done it by now or maybe you think they enjoy being fat and made fun of? I wish all of you would have to live in an overweight person's body for a week, them maybe you would have some compassion instead judging them.
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JSmith1970 replies:
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Yeah and a great deal of people who commit violent crimes have the same kinds of childhood abuse, actually their abuse is *worse*. Do we give them a free pass? No, suck it up and exercise and don't eat **** that's twice deep fried.
garcik9 replies:
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I agree with you Myopinion234. AT LEAST SOMEONE HAS A HEART HERE.
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MisterCod says:
Obesity should never be accepted as a normal way of life. People should feel ashamed to be obese! It's a life choice - and a bad life choice. Simple!
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garcik9 replies:
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**** YOU. IT IS NOT.
garcik9 replies:
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SOMETIMES IT CANNOT BE HELPED YOU ******.
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youngexplorer says:
I was on both side of the scale. People think the key is mostly self-control but it is not. I was call the "stick" (for being thin) in highschool and called fat in my recent years. I took a martial art class for 1.5 years, eat a little less and now I am fit and fast. I work about 50-60 hours/week. It took about 10 months to lose 20 pounds. It is about rearrange your life around quite a bit, the rearrange part takes some determination and negotiation. Once you do, the self-control part will be much easier. Having an understanding spouse is a huge plus. I eat snack, fry food a little less than before, not watching calories.

Staying fit is not about self-control or fast and dramatic changes. It's about making a few decisions (not super hard decisions) and being committed.

That being said, I believe it's something that can be controlled. Also, I like responsive people to work for the hospital. Obese people are not likely to be as such.
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sphr-ca says:
In disclosure, I have a BMI of 21.8 and live in the greater Bay Area, where weight is often protected. I'm over 40. This topic has certainly engendered reaction, and here is my rant.

Research consistently shows that overweight people are prone to specific maladies. Skyrocketing health care costs are, excuse the term, a big problem. That said, the extent to which some of these posts seem to denigrate others who have a different look or metabolism is discouraging.

It is suspect when a facially neutral construct is chosen to describe those functioning legally but who don't meet a stereotype. According to some of the responses, Duke was well-meaning and Griggs must have been an overweight whiner. Did somebody at Citizens Medical Center realize that discrimination based on national origin was out and they tried to capture the weight that could "safely" be dragged behind a pickup truck!

Most companies expect HR to select the BEST candidate(s) for the position and keep the firm out of court in the process. Some of these folks suggesting we should select those (assuming WE are all naturally-born and weight/height proportional) "most like us"? I might not have been surprised by the vitriol on some sites, but some of these posts seem downright "evil."
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