Massachusetts bill would add weight and height to anti-discrimation law

posted at 2:25 pm on May 18, 2007 by Allahpundit

Why do this stuff piecemeal by continuing to break it out into separate categories of race, religion, gender, etc? If we’re worried about hurt feelings interfering with an employee’s ability to do his or her job, it makes no sense to ban fat jokes but allow jokes about hairstyle or clothing, say. Just impose a blanket ban on workplace insults and non-merit-based hiring.

In case Jim Treacher, Opie & Anthony’s most stalwart defender, should read this, this one’s for you, Treach:

Rep. Byron Rushing, a Boston Democrat who is sponsoring the Massachusetts bill, said it’s a question of civil rights.

“This is one of the last physical aspects of people that you can acceptably laugh about,” said Rushing, who is black, slim and of average height. “You can be a shock jock on the radio and talk about fat people for a solid week and no one would ever think of having you lose your job. It’s still acceptable.”

Well, we’d better change that ASAP, hadn’t we?

The issue here is how much of themselves people should reasonably be expected to change to fit in at work. Rushing proposes physical aspects as the limiting principle, but that doesn’t work when you consider that all anti-discrimination laws protect religion, too. What accounts for the religion exception? Could be the unique constitutional protection it receives from the Free Exercise Clause, although in that case, per the Free Speech Clause, shouldn’t it also be discrimination to refuse to hire a political opponent? It could also be the sense that religion is key to one’s “core” identity and therefore it’s simply immoral to ask them to suppress it, although the political analogy applies there too — and what’s more, so does my hypothetical about insulting someone for their fashion sense. What you wear is an expression of your “self”; why whould anyone be allowed to denigrate it?

I think the trend is in favor of the latter interpretation, in which case expect to see anti-discrimination laws expand in the future.

Blowback

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Heard about this on Limbaugh. Sounds ridiculous.

amerpundit on May 18, 2007 at 2:29 PM

Randy Newman could not be reached for comment, but has issued a press release vowing to remove the song ‘Short People’ from all future releases of his Greatest Hits discs.

pistolero on May 18, 2007 at 2:32 PM

is this the “protect Rosie O”Donnell” bill ?

Shes every kind of sterotype you can think of.

William Amos on May 18, 2007 at 2:33 PM

Take your thought crimes out of my office!

lorien1973 on May 18, 2007 at 2:34 PM

New heights of absurdity.

(Can I say “heights” or might that be regarded as a put-down of the short?)

tommy1 on May 18, 2007 at 2:34 PM

Mama taught me that other people’s appearance is none of my business. If everyone thought that way, and put their eyes on more important things, we wouldn’t need laws to tell us to do that.

NellE on May 18, 2007 at 2:35 PM

Time is short, so I’ll only say a little something. Tonight, while I’m eating short ribs and washing it down with a half-pint of ale, I’ll write a short story about this new decree.

Aw, I’m coming up short. I sound half-cocked already, though I’ve only been drinking Grape Nihi.

zs57 (ookina tsubasa)

zenstudent57 on May 18, 2007 at 2:38 PM

and put their eyes on more important things,

Thats why I stare at boobies all the time.

Seriously. Isn’t it simply a sad commentary when we have to have a law to tell people to be nice to each other. It’s like the story last week where lawfirms have to have classes on how to eat properly. Basic societal functions are breaking down all around us.

lorien1973 on May 18, 2007 at 2:40 PM

I don’t know about anyone else, but I am trying out for the Boston Celtics!

BillLalor on May 18, 2007 at 2:40 PM

BTW – insulting a religion isn’t a crime in california; if the target is a Mormon and/or conservative:

http://www.lorien1973.com/thought-police-win-case-in-california/

Ya’ll should remember that story (That’s so gay!)

lorien1973 on May 18, 2007 at 2:41 PM

A couple of observations I got from this post.
I never knew there was such a thing as the National Association to Advance Fat Acceptance. Do they have sponsors such as fast food joints? This is, after all, Massachusetts, so I shouldn’t have to go into detail about that. O&A were first fired in Massachusetts. But what can you expect from people that mix mayonnaise with lobster and place it in a hotdog roll. Oh the discrimination!

Kini on May 18, 2007 at 2:44 PM

I’m sure that no one is surprised that this is already the law in San Francisco.

rw on May 18, 2007 at 2:46 PM

and put their eyes on more important things,

Exactly!

amerpundit on May 18, 2007 at 2:47 PM

AP,
Admit it. You’re a weightist, aren’t you!?! I’m outraged! /sarcasm

CP on May 18, 2007 at 2:48 PM

While some people clearly have better genetic dispositions towards being fit than others, people do at least have a fairly broad ability to regulate their weights. Nobody has control over their height, however.

There are profound biases against short people, especially short males, but they seem to be largely unconscious and, I suspect, associated with a level of brain function that’s tied more into base reproductive selection than most of us would like to believe can shape our worldviews.

I don’t see how any kind of regulation could help change that kind of lizard-brainish reaction. But in the odd event a qualified person was denied a job based solely on his or her height, and in which height wasn’t critical to the performance of the job (obviously, professional basketball has a viable out), I can’t think of any reason the applicant shouldn’t be able to sue. Height is every bit as arbitrary a genetic trait as skin color or other ethnic attributes.

I suspect legitimate cases covering this kind of situation would be few and far between, though.

Blacklake on May 18, 2007 at 2:48 PM

Discrimination is one thing, and courts address that daily. Offending someone is another. As far as I can tell from reading the 1st Amendment, freedom of speech guarantees the right to offend, doesn’t it? Why else would free speech need to be protected?

It seems the politically correct thing to do now is to stifle our right to offend; that is, the first right we were granted. Maybe I’m being too obtuse. But too often nowadays, we are bombarded with people that want to eliminate free speech because it’s offensive. And anyone looking to be offended will surely find a way to take offense.

Just in saying I’m a proud American and proud of our troops, our system of justice and our way of life, that’s offensive to some.

Go ahead. Offend away. That’s your right.

Tennman on May 18, 2007 at 3:05 PM

Speaking on behalf of short, fat people everywhere, I demand restitution. When Massachussetts really steps up to the plate and delivers compensation for all the suffering we have had to endure, I may consider relocating to the east coast.

huckleberry on May 18, 2007 at 3:05 PM

I think this all started with pedestrian crossings. When science was ignored and moving motor vehicles were deemed able to stop on a dime for some human stepping off a curb that can’t wait for the vehicle to pass. Now we’re going to wish people taller and thinner.

Hening on May 18, 2007 at 3:06 PM

(Can I say “heights” or might that be regarded as a put-down of the short?)

tommy1 on May 18, 2007 at 2:34 PM

While you’re at it, be careful someone isn’t offended by the use of the term ‘put-down.’

Whee, I can’t wait until I can sue over getting rejected for dates.

James on May 18, 2007 at 3:19 PM

Dam… I am soooooo screwed….

6 Ft tall… 205 and in shape… 48 (not young or old… White… heteroSexual… metrosexual… Agnostic (can’t even cry religious persecution)… Male…

Romeo13 on May 18, 2007 at 3:35 PM

Wouldn’t this legislation and the ban on trans-fats send mixed messages? So it’s okay to be fat but not to get fat? I’m confused…

JaHerer22 on May 18, 2007 at 3:38 PM

I must be a weighest. I worked with a gal that must have been 300 lbs and about 5′ 5″. She could perform less than 50 percent of the work others did and constantly complained about that. By late afternoon if she was prespiring, the stench was overwhelming. Because we did not want to hurt her feelings, nothing was ever said, but she should have been out of there. Her weight prevented her from being a good employee. Her smell prevented her from having anyone to sit next to on break.

bopbottle on May 18, 2007 at 3:38 PM

So glad I cancelled my Boston Globe subscription. I think my blood preasure is down a bit since the last paper arrived a week ago.

Rich on May 18, 2007 at 3:40 PM

They better reword the law to replace “weight” with “girth” or “mass” just in case we begin colonizing zero-gravity space stations.

db on May 18, 2007 at 3:51 PM

I’m 5’3″ and have spent my whole life with a lack of height. Other than the kind of ribbing I got when I was a kid, as many kids have gotten for many reasons, it’s never been a problem. The fact that somebody would actually propose this kind of law is ludicrous. Here’s my question: how can anybody believe liberals should be in power at any level of government when this is exactly the type of work we constantly get from them?

Steve Tsouloufis on May 18, 2007 at 4:48 PM

Another way liberals divide Americans. How many victim groups do they need?

Capitalist Infidel on May 18, 2007 at 6:07 PM

(sigh) God save the Commonwealth of Massachusetts (eye roll)

Laura02420 on May 18, 2007 at 6:25 PM

You shouldn’t discriminate against fat people, unless they’re really ugly too.

Jim Treacher on May 18, 2007 at 7:14 PM

Toss one more shameful piece of luggage on the backs of us Bostonians to carry.

Alden Pyle on May 18, 2007 at 8:35 PM

Someone mentioned at work that I’m short.
Wellll-let’s see:I’m 5ft 2 1/2…so I amshort.
Next someone’ll point out that I’m four-eyed and a nuisance.
d’oh

Btw-I’m not fat..but my husband is short, fat, and almost bald-and he’s a white male too so it won’t get him any ‘points’

annoyinglittletwerp on May 18, 2007 at 9:53 PM

dang emphasis key.

annoyinglittletwerp on May 18, 2007 at 9:53 PM

The entire nation will eventually be walking on eggshells on a 24/hour basis! Am I the only one who remembers Return Of The Archons?

Joshua P. Allem on May 18, 2007 at 10:30 PM

Geez. I am short (@5 ft) and somewhat overweight, and absolutely do not want the thought police telling everyone they have to be nice to me.

If someone is rude enough to make a comment about my height or weight, I’ll deal with it on my own, thanks. If the people don’t want to hire me for that reason, I probably wouldn’t want to work with them anyway.

I am so tired of this politically correct crud! Everyone in their lifetime is going to have something said to them or have some sort of discrimination against them. That’s just the way life is!

Jodella on May 18, 2007 at 11:28 PM

Why not add height and weight to this whole debate? Maybe it’ll actually be the tipping point to how stupid this all is.

Either add everything (which you would have to then eventually add white males lol since they are becoming a minority) or take it all off.

Personally, I’m for taking it all off…I get really sick of only certain groups getting a pass..and it’s led to a nation of whiners.

Highrise on May 19, 2007 at 1:20 PM

There already IS a law to deal with EVERY bit of this foolishness. People will insult and ridicule other people as long as they fail to obey the simplest of rules.

Therefore all things whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the prophets.

– Matthew 7:12

Any attempt by an organization of people, whether government, a business, or a club, to restrict the thoughts of other people will fail, and be viewed as a form of tyranny. Only the individual is capable of curbing his own hatred. Creating ‘thought crimes’ and ‘hate crimes’ through pointless rules and laws will only increase the hate.

By the same token, wanting not to be insulted doesn’t equate to a legal right not to be insulted. But the way things are going, before long the only people in America who won’t have a right to press charges for insult, the only “unprotected class”, will be white, european-descended, male Christians.

Freelancer on May 19, 2007 at 3:16 PM