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ARTICLE · 18 JUNE 2012

Bigger Ain’t Always Better In Texas

Texans wear the slogan "Everything’s Bigger in Texas" with pride.

United StatesEmployment and HR

Texans wear the slogan "Everything's Bigger in Texas" with pride. Whether it's big hair, big chicken fried steak, or Big Tex, who says bigger ain't always better in Texas? One Texas hospital tried to say otherwise, and soon ate its words.

In April, the hospital made national news after it was sued over its hiring policy barring potential employees who are obese. The hospital quickly reversed its policy amidst outrage fueled by national news sources denouncing the policy as discrimination against the obese.

But, legally, this Texas-sized ban was not discriminatory. In Texas, employers cannot discriminate because of race, color, national origin, religion, sex, age or disability. However, like the majority of other states, Texas does not ban weight discrimination. Additionally, there is no federal law specifically prohibiting obesity discrimination. Some obese individuals have argued, however, that their weight can be considered a disability for purposes of the ADA.

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