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90 Calif. L. Rev. 57 (2002)
Addressing the Problem of Weight Discrimination in Employment

handle is hein.journals/calr90 and id is 71 raw text is: Addressing the Problem of Weight
Discrimination in Employment
Elizabeth Kristent
TABLE OF CONTENTS
Introduction............................................................................................ 59
I. The Extent and Nature of Weight-Based Employment
Discrimination ..................................................................................62
A. Evidence of Discrimination's Existence ...................................62
1.   Discrimination in Hiring.................................................... 62
2.   Discrimination in Wages ....................................................64
3.   Other Forms of Employment Discrimination.....................64
B. Explanations for Discrimination-Statistical Discrimination.......66
II. Medical Information........................................................................67
A. Fatness and Health ................................................................... 67
B. The Difficulties and Dangers of Dieting...................................69
III. Why Antidiscrimination Laws Should Protect Fat People from
Weight Discrimination.........................................................................71
A. The Costs of Antidiscrimination Laws......................................71
B. The Benefits of Extending Antidiscrimination Laws to Fat
People: Rationales for Extending Legal Protection ..................73
1.   Why Fat People as a Group Deserve Legal Protection...........73
a.   Self-Determination...........................................................73
b.   Equality  ........................................................................ 74
c.   Fairness  ........................................................................ 76
d.   Combining Equality and Fairness Concerns ................77
Copyright © 2002 California Law Review, Inc. California Law Review, Inc. (CLR) is a California
nonprofit corporation. CLR and the authors are solely responsible for the content of their publications.
t Law Clerk, The Honorable James R. Browning, United States Court of Appeals for the Ninth
Circuit; J.D., University of California at Berkeley School of Law (Boalt Hall), 2001; B.A., Miami
University, 1988. I would like to thank the members of California Law Review's 2000-01 Notes &
Comments Department, Kate Barry, Ben Beltramo and Jen Polse, for all their encouragement and
support. Thanks too to all the other CLR members who helped prepare this Comment for publication.
In addition, this Comment benefited significantly from reviews by Linda Hamilton Krieger and the
members of her Advanced Issues in Employment Discrimination Law Seminar, Fall 2000-Spring 2001,
especially Dawn Ceizler, Eddie Genna, Christine Reilly, and Cathy Shuck. I would also like to extend
my thanks to Hadas Rivera-Weiss, Sondra Solovay, Claudia Center, and Toni Cassista, with whom I
had very helpful discussions about this paper. Of course, any errors are mine alone. Finally, I would
like to thank my partner Mali Kigasari and my mother Kathy Braeman, without whom law school
would not have been possible.

57

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