Here is an interesting article about the Whole Foods employee discount which is 30% for the lean and 20% for the obese as determined by body mass index (BMI). Whole Foods also looks at blood pressure and a few other factors.

http://articles.moneycentral.msn.com/SmartSpending/blog/page.aspx?p...

This stinks like fat discrimination to me. Given that weight is not a "protected class," at least in the United States, I would challenge this policy as contributing to gender discrimination and a hostile work environment which are not legal in the US. In terms of gender discrimination, women, on average, have a higher BMI than men, on average. This is due to nature. Also, women need a bit more fat than men to regulate hormones properly. It might also be challenged based on discrimination in terms of race and ethnicity (some races/ethnicities have a higher incidence of high blood pressure, for example), disability (obesity or high blood pressure can be the basis for a disability claim), and genetic information (the phenotypes measured can be indicators of an underlying genetic condition (i.e., a condition that causes overweight or high blood pressure)).

Incidentally, they are using an unreliable measure in using BMI. Lighter people can be all fat and no muscle and have a low BMI and muscular people with lower body fat percentages can have a higher BMI. They should be using percent body fat as measured with a near-infrared body composition analyzer if they want to actually know something useful about health status.

Anyway I look at it, this policy ticks me off. I shop at Whole Foods and wish for another store like it in my town that does not discriminate against fat employees. I would vote with my wallet for which policies I care to support.

All the best,
Michael McCarthy


Views: 38

Tags: discrimination, fat

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Comment by Paul Murphy on February 8, 2010 at 8:22am
Is Whole Foods unfair to fat employees?
New voluntary program gives a bigger employee discount to those who meet certain health criteria.
Posted by Karen Datko on Friday, February 5, 2010 5:01 PM

Upscale grocer Whole Foods has a new voluntary program to reward workers who don’t use nicotine and meet specific numbers for body mass index, blood pressure and cholesterol during in-store screenings. Have the right numbers, and you get up to 30% off stuff you buy at the store. Kinda fat? You’re stuck with the regular employee discount of 20%.



It’s no surprise that CEO John Mackey, who has already railed against government involvement in health care -- let the all-knowing corporations take care of that! -- is getting more heat.



Jezebel appeared to be the first to share the news: Anna North wrote, in part:
If your BMI is above 30, you'll get to keep the original 20% employee discount, but you'll be paying more than your thinner co-workers, who can knock as much as 30% off. Because if public health research has taught us anything, it's that reducing people's buying power totally makes them healthier. Stay classy, Whole Foods.

In a memo explaining the program (you can read it here), Mackey said Whole Foods spent more than $150 million last year for health care for employees and the number is expected to rise. The new program is not a benefit, but rather an employee “incentive” to be healthier and keep company costs down, he said. “We believe this is a win-win program that will help both our Team Members and our shareholders.”



A post at The Atlantic Wire titled “Whole Foods punishes fat people” summarized many of the objections raised by bloggers: BMI is not a good indicator, the program is discriminatory, etc.

*
Bing: Are overweight workers penalized?

One of them, University of Colorado law professor Paul Campos, wrote at Lawyers, Guns and Money, “Even if one decides to enter John Mackey's Epidemiological Fantasyland, where good health is achieved by purchasing $27-a-pound Ahi tuna in order to achieve Optimal Thinness, how much sense does it make to make it more expensive for your non-thin employees to purchase said tuna?”



Seattle Times columnist Nicole Brodeur observed that there are ways to encourage better health while treating everyone the same and leaving the employer in the dark about weight, blood pressure and other private health matters. For instance, King County, Wash., employees can lower out-of-pocket health care costs if they participate in an annual health assessment and action plan. “Perfect. Nonintrusive. Respectful,” she wrote.



Mackey, she said, is “the last guy you want taking your blood pressure or looking at your chart.”

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Jillian Lovejoy Lowery called the Whole Foods approach discriminatory. Mackey “seems to have forgotten that people come in all shapes and sizes, that things like blood pressure and cholesterol are sometimes hereditary, and that even smokers might like to purchase their avocados at a greater discount,” she wrote at The Perpetual Post.



What do you think? Is this program -- remember, it’s voluntary -- unfair to workers who don’t meet the standards? Wouldn’t those who are overweight actually benefit from getting a bigger discount on nutritious food? Are your BMI and your blood pressure none of your employer’s business?



Related reading:

* Are weight-loss plans worth the cost?
* Lose weight, fatten your wallet
* What if no one were fat?
* State to hit obese workers with ‘fat fee’

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Paul44
#1
Monday, February 08, 2010 8:19:10 AM
Bashing the Obese .
www.obesitythunderbay.ning.com is fighting childhood obesity. I am seeking volunteers to carry a message of Hope and Dignity. Fitness comes in all sizes and I want to encourage you to get involved .
We have allowed the media to go Thin Crazy and some of our kids are ready to Die trying to be Thin. Add the obese Bashing that goes on , and we have a recipie for a more complex crisis.

Please stop by the web site .
www.obesitythunderbay.ning.com

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nonyabees
#2
Monday, February 08, 2010 8:17:34 AM
Hello, Aspasia. I understand what you are saying. I know a double cheeseburger can be bought for $1. A can of tuna can be bought for less and has more protein and less fat and calories. Canned vegetables are also cheaper than fresh and retain more nutritional value than most people might think. I was certainly not one of those 'well-to-do' types that you are thinking of. I know the type you mention. They grate on my nerves, too. And I had nothing more than a high school education at the time (if a GED and a business course even count!), but I knew I was out of work and I knew my money was dwindling, yet -- I still had to eat! I just took it very seriously and did some research about nutrition. I read labels, I cut coupons from free newspapers, I did everything I could. My grocery bill had never been so low and I had never been so healthy. That's all I'm saying. I was not exactly 'in love with myself' back then (still am not), but I think that some people don't even care enough about themselves to dig for information about their health and I think that our culture makes the problem worse. I'm also thinking that I was just so darned broke, that maybe I had no choice but to do the very, very best I could to get the best nutrition at the lowest possible price. My financial situation was such that I was truly and deeply concerned. It's hard to remember those times. It was hard. At least I made it. I think other people can, too and they should not give up hope or abandon respect for their bodies. None of us, including me, are perfect (I'm FAR from it), but we can really, really try. We can arm ourselves with information, do the best that we can and refuse to give up hope for good health. This goes for those who are obese, those who would like to have more energy, and certainly those who are totally broke like I was.

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Traceylirnc
#3
Monday, February 08, 2010 8:10:23 AM
Of course airlines want to charge for two seats! IF your a$$ fills two seats than you should PAY for two seats. If you truly believe that you have no control over your weight you are obviously someone deluding themselves so that they can stay unhealthy. There were no fat cavemen...they ate unprocessed foods...exercised by running and hunting...try eating a veggie and exercising then tell me a person has no control over their weight Relentless1112000.

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notastar
#4
Monday, February 08, 2010 8:09:07 AM
#2
Monday, February 08, 2010 7:56:15 AM

Is Whole Foods unfair to fat employees is incorect grammer. SHOULD READ "ARE WHOLE FOODS



Although titles can not be graded against, I WAS GRADED AGAINST ONE such TITLE IN ELEMENTARY school in a near simular instance.



Not getting into puntuation or the like.


Apparently you weren't graded on spelling...simular and puntuation??? It's similar and punctuation...NICE.

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notastar
#5
Monday, February 08, 2010 8:04:44 AM
Hey fat people, if you don't think it's fair then don't work at Whole Foods. I'm sure McDonlad's will hire you. If you would spend more time making better choices regarding your health and less time sitting around stuffing your pie holes thinking of things to whine about, then maybe you wouldn't be in the shape you're in. The discount the healthy people get at Whole Foods hardly makes up the difference in rising health care costs we all pay because of your unhealthy lifestyle choices.
Get a clue...It's not all about you!

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GARRS
#6
Monday, February 08, 2010 7:56:15 AM

Is Whole Foods unfair to fat employees is incorect grammer. SHOULD READ "ARE WHOLE FOODS



Although titles can not be graded against, I WAS GRADED AGAINST ONE such TITLE IN ELEMENTARY school in a near simular instance.



Not getting into puntuation or the like.

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USCitizen1954
#7
Monday, February 08, 2010 7:53:14 AM
Neil - maybe if, at the age of 73, you would finally retire, then one of those "lazy" people who are on unemployment or have given up looking for work, would finally have a job available and then they could finally be able to support their families without the help of goverment assistance. Just a thought.

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Aspasia
#8
Monday, February 08, 2010 7:46:00 AM

"Healthy" food is cheaper? Really? I can get a pack of ramen noodles for 15 cents. I can get a double cheeseburger for $1. I can get a can of vienna sausage for 33 cents. I can get a mac&cheese box for about 33 cents. None of this is good for me--all of it is cheap.



Methinks that there are a lot of well-to-do people on here who have no idea what it is that poor people are eating that makes them fat. Bearing in mind, also, that inner-city communities do not have stores which sell vegetables in them (there are no supermarkets--only discount pharmacies that sell canned and boxed foods--if there is that), suggesting that poor people buy bananas is a little like telling them to eat cake. A person can be eating very little in terms of quantity, but a lot in terms of calories--and all of it can be seriously unhealthy.



And, yes, they sit around watching TV because they cannot get jobs (there are very few for people with a rotten education) and cannot afford to do much other than sit and watch the TV--or would you rather they were out robbing houses and mugging people? Sheesh--get a clue, people.

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Aleuicius
#9
Monday, February 08, 2010 7:31:23 AM

It is an incentive; YOU CHOOSE to play or not. "Fair" isn't a question, here - would you rather have weekly football, chess, or other games to determine who gets a better discount? There will ALWAYS be some who "don't need to work for it" because they are alreadt "there".

YOU don't want to be bothered to put in any effort, so it's UNFAIR.

That means the ball is in your court and you expect to score without picking it up?

Pathetic

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Winnifred Harvey
#10
Monday, February 08, 2010 7:30:40 AM
I think everyone is missing the fact that this is a job. Just a job. These people who work at whole foods are not required to buy their groceries at whole foods and I would guess besides the occaissonal convenience purchase many shop else where for their food. Even with the discount, whole foods would still be pretty expensive. I am sure they are happy to be working and not fretting over a petty 10% discount on already dramatically inflated prices.

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jocko1234
#11
Monday, February 08, 2010 7:10:22 AM

as usual Whole Foods thinks the world revolves around themselves. Someone ought to sue them for discrimination, extreme use of micro managing to get rid of employees, employing people who know nothing about their jobs other than how often they can kiss their supervisors ass to get attention. Their are more unqualified people working at whole food than fat ones I can say from experience. One thing a person could do is ignore whole foods and save money and eat sensible on your own, without having to spend more than you should .Confidentially, the food bars at these stores serve pre-prepared foods from somewhere else, that allows heating and serving at the expense of quality and freshness.

Whole foods uses many unfair practices and methods on their employees. I personally remember when whole foods was a good place, some years back of course. From my experience I would not reccommend shopping there, because of the multitude of wrongs there. for instance, whole foods does not want older employees on their payroll, unless they cannot speak English, are just hear from another country, or knows more than their boss. I hate Whole Foods and wish them every bit of unfortunate press and future they deserve.

Sad

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Neil Walden
#12
Monday, February 08, 2010 6:56:53 AM



I am so sick of ,is that fair and that isn't fair,I'm 73 and I'm still working supporting fat people who lay around on S.S.I. stuffing their mouth. This country is full of FAT people and attorneys, that should tell you something. Don't tell me I don't know what I'm talking about.I owned a low income rental complex for 15 years. Take away all the give away programs and watch the weigh loss . I'M sick of working for the fat and the lazy and durries





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jrs1524
#13
Monday, February 08, 2010 6:16:02 AM
WOW, YOU PEOPLE MUST BE THE MOST HEALTH UN-EDUCATED PEOPLE IN THE WORLD SO WHAT YOU ARE SAYING IS BEING BULIMIC AND ANOREXIC IS THE WAY TO GO. AND NOT ALL FAT PEOPLE ARE LAZY, I KNOW A FEW SKINNY ONES. NOW I DO THINK THAT SMOKING IS A VERY BAD HABIT I HAVE LOST TOO MANY LOVED ONES TO CANCER, SO IF A COMPANY WANTED TO GIVE INCENTIVES FOR NON-SMOKING THAT MIGHT BE A PLUS.

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jmblack
#14
Monday, February 08, 2010 5:29:13 AM

If you dont want to be discriminated against than lose weight. If your coworker gets a bonus, and you dont, is that discrimination if your a lazy a@@ or your not as productive or as intelligent? If it's a weight problem due to health problems, then people tend to be more sympathetic, but if it's due to no self control and lazyness, than stop your crying. Gluttony and lazyness is condemned in the bible. So is homosexuality. If homosexuals dont want to be discriminated, dont be gay. People are just not accountable for there actions and decisions anymore. Whats next, murderers and child molesters claiming discrimination?

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nonyabees
#15
Monday, February 08, 2010 5:26:18 AM
I love Steph237's idea of giving all employees the 30% discount, but only on healthy items. Love it. Also, I don't understand why people are saying that unhealthy food is cheaper. I went through a couple of years where money was very, very scarce and my diet was healthier than ever because of it. I could not afford the junk food and convenience items anymore and had no choice but to cook at home and eat things like beans, eggs, canned carrots, canned greens, oatmeal, apples, ripe bananas,canned tuna, peanut butter, day old whole wheat bread (because there was no leftover white), etc. I think I am missing something here. ???

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