Aug 17, 2010

Librarian Fired for Refusing to Reveal Her Weight

Apparently, there's one fact that even those who specialize in providing information to others would rather keep to themselves: their weight. As reported in the Des Moines Register, Iowa librarian Lisa Bonifas refused to provide her weight (or her height) to be listed on a new identification card required by the city of Urbandale, along with her name, title, birth date, and fingerprints. The city said it got the idea from FEMA guidelines, and the information will help in identifying employees in case of emergency. Bonifas refused to provide the information, saying that it was an invasion of her privacy. The city suspended her, then fired her, for refusing to comply.

Many have commented that Bonifas's firing seems unfair, given her highly rated performance and the fact that her objection to stating her weight is widely shared. Whether you agree or disagree with the decision, however, it's hard to see any legal claims Bonifas could make here. Bonifas's objection to the requirement is based on privacy. Historically, however, weight has not been protected as a private fact: Mine is listed on my driver's license, as are the weights of people in many other states. Many commentators have pointed out that requiring people to list their weight is not that useful as a means of identification, as people lie about their weight, weight fluctuates over a person's life, and it's kind of tough to tell what a person weighs just by looking at them. All valid objections, but not the sort that can underpin a wrongful termination case for an at-will employee.

What about discrimination claims? Although obesity and its health effects may constitute a disability in some circumstances, Bonifas is not obese. If the city were making decisions based on weight, there might conceivably be a discrimination claim if that requirement screened out disproportionate numbers of employees in a protected class. According to recent data from the Centers for Disease Control, there is a racial disparity in obesity rates. If a weight requirement caused a similar disparity in job decisions and there was no legitimate business justification for the requirement, an attorney might be willing to argue over it. But again, Bonifas is not obese -- and the city wanted to list everyone's weight, not make it the basis for job decisions.

Which is not to say there's no evidence of different treatment in the way the story has been reported: Bonifas's gender -- and stereotypes about women and weight -- have featured prominently. I offer you the Des Moines Register ("I bet such a policy would never be written by a woman"), radio station KTAR ("Women are known to lie about their age or just keep it a mystery. How much they weigh can be a closely guarded secret as well"); and Inc. magazine ("Politeness dictates that you never ask a woman her weight").