Litigation
Weight Discrimination Lawsuits
With the exception of potential plaintiffs in Michigan, Washington DC, Santa Cruz, CA and San Francisco, CA, people who have been discriminated against based on their weight have little legal recourse. (See Weight Discrimination Legislation*) Federal legislation offers little to no protection against weight discrimination. The Civil Rights Act (42 U.S.C. § 1983) protects against discrimination by governmental or quasi-governmental entities based on race and national origin, firstly, and gender and illegitimacy, secondly. Discrimination by these entities based on any other characteristic receives deference by the courts as long as the action is rationally related to a legitimate state interest. In practice, few governmental actions fail this test.
People who have been discriminated against based on their weight have attempted to sue under the American with Disabilities Act (ADA) of 1990 and the Rehabilitation Act (RA) of 1973. See 42 U.S.C. § 12101 et seq. and 29 U.S.C. § 791 et seq. These sections govern disability discrimination by the federal, state and local governments and the private sector and protect against discrimination in employment, public services, and privately owned accommodations. The initial drawback of suing under the ADA and the RA is that a potential plaintiff must claim that he or she is either disabled or “regarded as” disabled in order to prevail. Moreover, most courts that have addressed lawsuits like these have found that overweight or obesity is not considered a disability by itself. A possible exception may be found for morbid obesity that constitutes an actual impairment.
[*Link to that part of the website]
Lawsuits By or Against the Industry and Government
There are numerous bases under which lawsuits may be appropriate by or against a member of the food and beverage industry, or by a city, state or the federal government. The food and beverage industry may sue a government entity for enacting laws and regulations that the industry finds violates its rights. One example is the lawsuit by the New York State Restaurant Association (NYSRA) vs. New York City et al. The NYSRA sued the city to prevent the city from enforcing a menu labeling law that required food service establishments that posted nutrition information elsewhere, to post the calorie counts of the foods and beverages sold directly on the menu boards. There are also numerous bases under which a private group may sue the food or beverage industry. One example is the Center for Science in the Public Interest’s lawsuit against Burger King to stop using trans fat oil in their products or to put warnings on their menus. For more information, see http://www.cspinet.org/new/200705161.html. The government may also sue industry for violating a legislative or regulatory mandate. For example, the Federal Trade Commission may sue a company for “deceptive” advertising claims regarding its products.