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A 2009 amendment to the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 (together, the “ADA”) provided federal protections against discrimination for individuals with severe obesity [114]. However, this law requires individuals to prove disability due to their weight, and it does not apply to individuals with lower levels of obesity. Other efforts have focused on amending civil rights laws at the city or state level to include weight as a protected characteristic [115]. For example, San Francisco, CA; Santa Cruz, CA; Binghamton, NY; Urbana, IL; Madison, WI; Washington, DC; and Harford, Howard, and Prince George counties in Maryland all have protections against weight and/or appearance discrimination [116]. Michigan is the only state that currently prohibits weight discrimination, although the legislature of Massachusetts is considering such a bill in the 2019–2020 session.

Few countries outside of the United States have legal protections against weight discrimination [117]. In 2001, France expanded its Labor Code to include protection against discrimination due to physical appearance [118]. Notably, France’s anti‐discrimination laws carry criminal sanctions [118]. Most other European countries do not have such protections, and, similar to the United States, the European Court of Justice ruled in 2014 that individuals with obesity may be protected against discrimination due to disability only if they can demonstrate impairment [119].

Laws that prohibit weight‐based discrimination (particularly in employment) have strong support among the public, those affected by obesity, and health professionals who specialize in problems related to weight and eating [117,120,121]. Given that few places have enacted such laws, assessment of their effects on weight discrimination has been limited, and results have been mixed. Of the 10 jurisdictions with weight discrimination laws, one study found improved labor market participation for men and women with obesity in two cities and improved market outcomes for men (but not women) with obesity in three cities [116]. Another study found evidence of reduced overt weight discrimination among women with obesity in Michigan, although they also reported increases in more subtle forms of discrimination such as harassment by a supervisor (which may not be protected against by law; [122]). The inconsistent success of these laws may be attributable to how they are enforced, adjudicated, and publicized [116].

In addition to possibly reducing the prevalence of weight discrimination, protective policies have the potential to improve the health of marginalized group members. Prior research has shown that sexual minorities who live in states with protective laws (or those who do not live in states with discriminatory laws) have better mental and physical health than those who live in states with less inclusive environments [123,124]. A preliminary, online study in which the legality of weight discrimination was manipulated in hypothetical vignettes suggested that anti‐discrimination legislation may mitigate some of the negative affect that people experience when they face weight discrimination [125]. As more protective laws are passed and implemented, more research is needed to ascertain their effects on weight discrimination and its associated health outcomes.

Similar to laws prohibiting weight discrimination, anti‐bullying laws that protect youth from weight‐based bullying are generally lacking, despite strong support from the general public, parents, and educators [126–128]. Only one state in the United States (Maine) specifically includes weight as a protected category in its anti‐bullying legislation, and three states include physical appearance or attributes. In the limited research that has been conducted on the effects of these laws, data suggest that a clearer emphasis on weight might be needed in order to actually reduce instances of weight‐based bullying [129].

Health care laws – namely, those that regulate insurance coverage – could also prevent discrimination against persons with obesity in health care settings. Less than 30% of insurance companies offer reimbursement for evidence‐based obesity treatment such as medical weight management, pharmacotherapy, and bariatric surgery [39]. The Affordable Care Act increased coverage for some treatments, but Medicare and Medicaid still exclude anti‐obesity medications from coverage. By recognizing obesity as a complex health issue and creating policies that reflect this, insurers may be pushed to expand coverage and increase equality in care across health conditions.