Role-Modeling: How the Americans with Disabilities Act Blocks BMI-Based Hiring Bans in the United States

Authors

Sarah Budow, Benjamin N. Cardozo School of Law

Abstract

The global fashion industry's use of extremely thin models contributes to eating disorders by promoting unattainable beauty standards. In response, some countries have implemented laws restricting underweight models, such as Israel's 2012 law requiring a BMI of 18.5 or higher and mandating warnings for altered images. However, similar measures in the U.S. face legal challenges under the ADA, which prohibits employment discrimination based on disabilities, including eating disorders. The ADA's strict standards for defining disabilities and requiring individualized assessments make BMI-based bans difficult to enforce. While some U.S. states have taken steps like banning airbrushing or protecting underage models, broader legislation is hindered by free speech concerns and the preference for industry self-regulation. The note concludes that addressing eating disorders requires a balance between public health concerns and individual rights, suggesting education and targeted protections as more effective strategies than BMI-based bans.

Disciplines

Comparative and Foreign Law | Entertainment, Arts, and Sports Law | Health Law and Policy | Labor and Employment Law | Law

Recommended Citation

Sarah Budow, Role-Modeling: How the Americans with Disabilities Act Blocks BMI-Based Hiring Bans in the United States, 20 Cardozo J. Equal Rts. & Soc. Just. 139 (2013).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol20/iss1/8