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Size Discrimination: Taking Action

By Sally E. Smith

If you believe you've been or will be denied a job, passed over for promotion, or fired, or if you've been harassed on the job because of your weight, here are some ways to fight back.

General:

1. Document Everything: Every time an incident occurs, whether it's a formal interview or an office conversation, write down the date and time of the event, as well as direct quotes from the parties involved

2. Keep Everything: Keep all memos, email, and voicemail from your employer relating to your situation

Legal:

1. Talk to Your Union: If you're a union member, contact your shop steward or representative to see if you have recourse through your union

2. Contact the Equal Opportunity Employment Commission: You can file a charge against your employer and receive assistance or a right to sue letter. Complaints can be filed in person, via phone or in writing. To find the nearest EEOC office, visit www.eeoc.gov

3. Find an Attorney: To find an attorney versed in employment discrimination and civil rights issues, ask acquaintances for referrals; call your local Bar Association; watch for advertisements; look in the phone book; contact the disability rights group in your area; or find a case similar to yours and talk to the attorneys who handled that case

Speak Up:

1. Lights, Camera, Action: Contact your local television stations and newspapers and tell them about your experience (though if you're pursuing legal action, first consult with your attorney), so that the public hears what is happening within your company

2. Friends and Family: Dismiss any shame you might feel (you're not wrong, your employer is) and tell those around you what you're going through, in order to get the support you need

3. Political Action: Even if you don't consider yourself an activist, see this as an opportunity to make it easier for the next woman who experiences discrimination, and hook up with size activists in your area

Finding a Lawyer

Finding a good lawyer isn't always a cakewalk. "Attorneys have been lazy in the area of weight-based discrimination. [Their attitude is] 'I don't see any easy legal remedy. I'm not going to take the case,'" says attorney and author Sondra Solovay. She advises plus-size women to be prepared to interview several lawyers in order to find one who is empathetic and willing to listen to your experiences as a woman of size. "It's not important to find an attorney who already knows the [size] issues. It's important to find an attorney who's willing to learn about the issues," Solovay says.

Once you've found a lawyer, be prepared to educate her or him. "Be ready to explain what weight discrimination is like," says Solovay. "If your employer is withholding a promotion because they have a stereotype [about plus-size women], the lawyer might have the same stereotype." It's up to you to shatter the myths surrounding plus-size women.

More on Size Discrimination

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