Comments on: Bias based on height and weight http://overlawyered.com/2007/05/bias-based-on-height-and-weight/?utm_source=rss&utm_medium=rss&utm_campaign=bias-based-on-height-and-weight Chronicling the high cost of our legal system Sun, 27 May 2012 05:00:03 +0000 hourly 1 http://wordpress.org/?v=3.3.2 By: Tim http://overlawyered.com/2007/05/bias-based-on-height-and-weight/comment-page-1/#comment-7365 Tim Fri, 25 May 2007 09:25:00 +0000 http://overlawyered.com/wpblog/?p=4933#comment-7365 <i>If this law passes, Ellen, and other such claimants, will be able to sue the Boston Celtics and New England Patriots for being discriminated against in selecting a team.</i> Perhaps. I would not be opposed to such legislation if it only involved discrimination where it's clearly not related to ability to do the job. In the case of the NBA, height is a legitimate factor to determine ability to do the job and would thus be protected. Or even a bouncer at a bar, for that matter; you want them big and burly to be effective. Someone working behind a desk somewhere off on their own, on the other hand, really has no business need to be tall and slender in order to perform the job. A common sense law would recognize when said discrimination was a legitimate business need and protect that; but "laws" and "common sense" rarely seem to intersect these days. If this law passes, Ellen, and other such claimants, will be able to sue the Boston Celtics and New England Patriots for being discriminated against in selecting a team.

Perhaps. I would not be opposed to such legislation if it only involved discrimination where it’s clearly not related to ability to do the job. In the case of the NBA, height is a legitimate factor to determine ability to do the job and would thus be protected. Or even a bouncer at a bar, for that matter; you want them big and burly to be effective.

Someone working behind a desk somewhere off on their own, on the other hand, really has no business need to be tall and slender in order to perform the job.

A common sense law would recognize when said discrimination was a legitimate business need and protect that; but “laws” and “common sense” rarely seem to intersect these days.

]]> By: Linda Gorman http://overlawyered.com/2007/05/bias-based-on-height-and-weight/comment-page-1/#comment-7364 Linda Gorman Wed, 23 May 2007 19:13:35 +0000 http://overlawyered.com/wpblog/?p=4933#comment-7364 Should be interesting when evidence-based medicine rules for obesity prevention and treatment are up and running in MA health plan and start focusing on overweight people... Should be interesting when evidence-based medicine rules for obesity prevention and treatment are up and running in MA health plan and start focusing on overweight people…

]]> By: Barry Nordin http://overlawyered.com/2007/05/bias-based-on-height-and-weight/comment-page-1/#comment-7363 Barry Nordin Wed, 23 May 2007 08:52:46 +0000 http://overlawyered.com/wpblog/?p=4933#comment-7363 If this law passes, Ellen, and other such claimants, will be able to sue the Boston Celtics and New England Patriots for being discriminated against in selecting a team. If this law passes, Ellen, and other such claimants, will be able to sue the Boston Celtics and New England Patriots for being discriminated against in selecting a team.

]]> By: Justinian Lane http://overlawyered.com/2007/05/bias-based-on-height-and-weight/comment-page-1/#comment-7362 Justinian Lane Wed, 23 May 2007 01:03:09 +0000 http://overlawyered.com/wpblog/?p=4933#comment-7362 Is this a bad thing? If you can't discriminate against people because of their height and weight? I mean, if I can't decide to not hire someone because of the color of their skin, why can I decide not to hire them based upon how much skin they have? Unless height or weight are relevant to the job, there shouldn't be discrimination against people based upon their height and weight. I do hope this won't have a negative effect on Hooter's, though. Is this a bad thing? If you can’t discriminate against people because of their height and weight? I mean, if I can’t decide to not hire someone because of the color of their skin, why can I decide not to hire them based upon how much skin they have?

Unless height or weight are relevant to the job, there shouldn’t be discrimination against people based upon their height and weight.

I do hope this won’t have a negative effect on Hooter’s, though.

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