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.