Weight Discrimination: A Multidisciplinary Analysis |
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| Authors: | Cheryl L Maranto Ann Fraedrich Stenoien |
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| Institution: | (1) Department of Management, Marquette University, P.O. Box 1881, Milwaukee, Wisconsin, 53201-1881;(2) Department of Management, Marquette University, P.O. Box 1881, Milwaukee, Wisconsin, 53201-1881 |
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| Abstract: | Protection against obesity discrimination is extremely limited under the Americans with Disabilities Act (ADA). No obese plaintiff has won using the actual disability theory, but a few have won under the  perceived disability theory. Weight-related appearance standards are legal. We estimate weight-based wage penalties for young men and women. We find that mildly obese (20% over standard weight) white women experience greater wage penalties than black men experience for weight that is 100% over standard weight. Men do not experience wage penalties until their weight exceeds standard weight by over 100 lb. A gender-plus analysis under Title VII is more appropriate than the ADA for addressing the weight-based wage penalties that women experience. |
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| Keywords: | weight discrimination obesity gender-plus discrimination sex differences wage differentials |
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