While perusing my Twitter feed the other day, I came across a ridiculous tweet from Cosmopolitan magazine that got me thinking about weight in the workplace:

Ashley Benson Responds to Hollywood Saying She's "Too Fat" https://t.co/eODHBO3ikX pic.twitter.com/LIDUjPdwLL

— Cosmopolitan (@Cosmopolitan) January 4, 2016

A little background—Ashley Benson is one of the four stars of the hit ABC Family show “Pretty Little Liars”—and believe me, she is nowhere near fat. In fact, she even admits that she’s a size 2 in both the short Cosmo piece and the longer article that it is based on, which appeared in Ocean Drive.

This all begs the question—since when was a size 2 too fat?

Well, Hollywood is a terrible and subjective sort of beast. Benson is not the first young woman in show business to make a comment about someone saying she is too fat. Jennifer Lawrence, for instance, has always been outspoken about her love for food, and she has said on more than one occasion that she is considered a “fat actress.” As with Benson, Lawrence is definitely not fat. She is, however, curvy in that effortless way that makes her a bombshell.

So is Hollywood saying that skinny (i.e. without curves) is perfect and curvy is fat? What about the average woman in the United States, who is 5’ 4” and weighs 166 pounds?

It caused me to take a step back and think about the fact that Ashley Benson’s and Jennifer Lawrence’s workplaces are Hollywood. Their sources of livelihood are their acting chops and their appearances. So, when thought of in that way, wouldn’t being turned down for a part because you are “too fat” be considered workplace discrimination?

Surprisingly, no. There is really only one state in the United States–Michigan–that has any sort of law about weight discrimination in the workplace, and even then, it’s really difficult to prove in a courtroom. In 2013, a large number of cocktail waitresses tried to sue a casino in Atlantic City, New Jersey for forcing them to do weigh-ins and lose weight on a regular basis, and they lost. Overweight and obese people–and those are subjective terms, since everyone who isn’t a medical doctor has a different opinion on what constitutes an obese person–are not a protected class. This means that, legally, workplaces can discriminate against obese job applicants and employees.

Think about that for a minute.

While “overweight” people probably can’t be fired from a job they already have–there has to be a reason for firing someone, since unlawful termination is easier to prove than other types of workplace discrimination–there have been studies that have shown that hiring managers are significantly less likely to hire an “overweight” person than a skinny person. In addition, skinny or otherwise attractive employees are more likely to get promoted and receive pay raises, whereas heavier employees are more often passed over or forced to work extra hours to get the same benefits, promotions, or compensation.

When all of this is put together, the conclusion is a dreary one. Yes, weight does matter in the workplace, even if you aren’t an actress or a model. Being considered fat or overweight may keep you from getting a job, and if you already have a job, it may keep you from advancing in your career. You’ll likely have to work harder to earn what you believe you deserve. It’s a troubling world that we live in, where people’s subjective opinions about what others should look like affect their employment opportunities, even when they aren’t famous actresses. Reality, unfortunately, isn’t known for being nice to people.

Amanda Gernentz Hanson

Amanda Gernentz Hanson is a Minnesota native living in Austin, Texas. She holds a Bachelor’s degree in Chemistry from Hope College and a Master’s degree in Technical Communication from Minnesota State University, where her final project discussed intellectual property issues in freelancing and blogging. Amanda is an instructional designer full time, a freelance writer part time, and a nerd always. Contact Amanda at staff@LawStreetMedia.com.

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It’s no secret that obesity is weighing down our country. Lawmakers have tried everything to get Americans to lose weight from soda warning labels and “fat taxes” to exercise initiatives, but when it comes to getting kids fit it has been anything but easy. However Puerto Rico has a new approach–make it illegal for parents to have obese children.

According to The Guardian, a controversial new bill introduced by Senator Gilbert Rodriguez Valle would label parents of obese children in Puerto Rico “child abusers” and force them to pay some hefty fines. Valle’s bill would make schools responsible for identifying obese children and reporting cases to counselors or social workers. Health Department officials would then investigate the parents to determine the cause of the child’s obesity, and then create a diet and exercise program that’s combined with mandatory monthly check-ins to monitor the child’s progress.

According to The Guardian:

If social workers believed there had been no progress after six months, they would have the authority to open a child neglect case and impose a fine of $500; if after a year they believed things were the same, another fine of $800 could be levied.

Puerto Rico does have a slightly greater child obesity problem, with more than 28 percent of its children considered obese, compared with some 18 percent on the U.S. mainland according to Al Jazeera. Dr. Ricardo Fontanet, president of the Puerto Rico chapter of the American Academy of Pediatrics, told the Guardian that encouraging parents to get their children to exercise more is also a challenge. According to him the Puerto Rico government is battling a $70 billion public debt crisis, and has little money available for maintaining parks and open spaces. He said:

You see high grass, parks unsuitable for walking or playing, or for soccer, baseball, whatever the children want to play.

The bill is considered to be a radical proposal to curb child obesity, with many doubting that it will ever come into effect or make its way to the states. Valle denied an interview with The Guardian, but Dr.  Fontanet said that the politician did not expect it to become law but rather just wanted “to shake the tree.” Even so many are still offering up their critiques in response. Nutritionist Milly Garcia discussed the bill with Fox News Latina saying:

The fact that these childhood obesity cases are rooted in lifestyle does not give one the right to step into people’s private spaces. This is not abuse, it’s a disease. It would mean entering into a private area where the government does not belong. Obesity is the result of many factors and what we need to do is find solutions

This bill is perhaps the definition of government overreach. Yes it’s true that obesity has been linked to lifestyle choices, but other factors such as genetics and economic restrictions can also play a role. Overall having a child that is overweight is hardly the definition of abuse, and targeting these parents is a misappropriation of time and funds that could be spent looking into actual cases of neglect and abuse.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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