The Equal Rights Review, Vol. Fifteen (2015) 87 Anglo-American Comparison of Employers’ Liability for Discrimination in Employment based on Weightism Sam Middlemiss and Margaret Downie 1 Abstract This article analyses and compares research into discrimination based on weight (weightism) and the legal rules that cover it in the United Kingdom and the United States. Weightism is dis- crimination that is often based on stereotypical views of people who have weight issues, espe- cially people who are obese or very thin. This article will restrict its attention to discrimination against obese employees; however, what is said applies to both categories of employees because extremely thin employees will experience similar discriminatory treatment at the hands of their employers and are entitled to the same legal protection. There has been a general lack of prec- edent in both jurisdictions which makes determining entitlement to legal rights difficult and uncertain. It is therefore particularly apt to review employers’ liability in this area given the recent European Court of Justice decision in FOA, Kaltoft v Billund Kommune. 2 Introduction This article will consider the liability of employers for obesity discrimination. It is not intended to consider the broader implications of people being obese, such as the health costs, 3 the impact of obesity on social relations 4 and the general significance of obesity in employment. 5 Common stereotypes of obese persons are that they are lacking in self-con- 1 Dr Sam Middlemiss is a Reader in Law in the Law School of the Robert Gordon University (RGU), Aberdeen, and has extensive experience in both teaching and research in employment law. He has numerous refereed publications including books and articles. Margaret Downie is a senior lecturer in law in the Law School of RGU and is an experienced teacher and researcher in employment law. 2 FOA, Kaltoft v Billund Kommune (2014) WLR (D) 554. 3 In 2006 it was estimated that the National Health Service (NHS) spent at least £1 billion treating obesity- related conditions and also according to estimates in the same year, obesity was the cause of at least 18 million days of sick leave lost every year in the UK, which costs the economy £2.6 billion. 4 Rothblum, E.D., “The Stigma of Women’s Weight: Social and Economic Realities”, Feminism Psychology, Vol. 2, 1992, pp. 61–73. 5 Puhl, R. and Brownell K.D., “Obesity Research”, Bias, Discrimination, and Obesity, Vol. 9, 2001, pp. 788–805.