I see you're keeping it classy, TheDuke.
Some relevant stuff I ran into:
http://www.nytimes.com/2010/05/23/books ... nted=print
(Article reproduced here under fair-use provisions, with original link given, solely for non-commercial purposes of archiving, education and discussion.)
"The Injustice of Appearance in Life and Law"
May 13, 2010
Just One Look
By EMILY BAZELON
THE BEAUTY BIAS
The Injustice of Appearance in Life and Law
By Deborah L. Rhode
252 pp. Oxford University Press. $24.95
In 2002, Jennifer Portnick taught exercise classes and worked out almost every day. But the fitness company Jazzercise turned her down for a franchise because she weighed 240 pounds (height 5-foot-8). Jazzercise told Portnick that its instructors “must have a high muscle-to-fat ratio and look leaner than the public.” Portnick complained to the San Francisco Human Rights Commission, under a law the city had passed in 2000 to prevent discrimination on the basis of appearance. She won. And Jazzercise changed its tune nationally, saying it would no longer demand thinness from its instructors.
To the Stanford law professor Deborah L. Rhode, this is a rare and signature triumph against the cruelty and waste that are the effects of appearance-based bias. She points out that Portnick’s size didn’t interfere with her teaching, yet Jazzercise shut her out reflexively. And in almost every other place in the country, that would have been that. Portnick would have had no legal remedy. Rhode’s new book is her brief for changing this. She sees discrimination against people based on what they look like as deep-seated — and she also has deep faith in the power of law to address it.
As Rhode acknowledges, her framework for “The Beauty Bias” owes much to “The Beauty Myth,” by Naomi Wolf, which lit up the feminist stratosphere almost 20 years ago. Wolf argued that because appearance matters so much for their success — in work, love and almost everything else — women were sacrificing the gains of feminist liberation on the altar of breast implants and doomed diets.
It would be lovely to dismiss this analysis as outdated. But of course it isn’t, as Rhode convincingly shows. Cosmetic surgery has quadrupled over the last decade. Women still wear stiletto heels that ruin their feet and backs and buy any wrinkle-smoothing cream for any price. Being fat, Rhode says, continues to carry “as much stigma as AIDS, drug addiction and criminal behavior.” (Meanwhile, men walk around largely unplagued by their imperfections. Unless they’re short, in which case they suffer, too.)
It does no good to urge women to sally forth in sensible flat shoes while their hair grays and their faces prune. Feminists learned long ago that taking this line only makes enemies. Rhode has internalized the lesson. When she points out that there is no visible gray hair on the heads of any of the 16 female United States senators, ages 46 to 74, she chalks it up to “professional necessity.” Rhode herself is a blonde (I’ve met her and once edited her work for Slate). But that hasn’t saved her from “emergency remedial shopping” at the hands of her Stanford colleagues and a stylist who disastrously teased her hair before a fancy event that she was supervising for the American Bar Association’s Commission on Women in the Profession. (Yes, Rhode sees the irony in forced primping for an event to promote women’s equality.) Instead of berating herself for succumbing to the fuss, she turns her inquiry from individual choices to the legal framework in which they’re made. Are cosmetic surgery and diet products safe and well-regulated enough? Are legislators and courts sticking up enough for people like Jennifer Portnick?
The Constitution bars discrimination on the basis of race, sex, religion, national origin and ethnicity. By contrast, only the state of Michigan and six locales — the District of Columbia; Santa Cruz, Calif.; Madison, Wis.; Urbana, Ill.; and Howard County, Md., along with San Francisco — have laws that protect against appearance discrimination. Rhode understands that plenty of her readers will think it “asks too much” to add this new category to the list of legally protected groups. “From their perspective, even if such discrimination is unfair, the law is incapable of eliminating it, and efforts to do so will result in unwarranted costs and corrosive backlash,” she writes.
But before the libertarians spit out their coffee, Rhode asks them to consider how “fat and short” laws have fared so far. She gathered the data and found that the six cities and counties average between zero and nine cases a year. Michigan averages about 30, and annually only one of those complaints goes to court.
Rhode sees no backlash against such sparing enforcement. She can plausibly claim that the upshot of extending protection against appearance discrimination to other states and cities would be not a “barrage of loony litigation” but rather a solution in a limited number of rankly unfair cases. She marshals the deserving examples: a nursing school student who was expelled because officials thought her obesity made her a bad role model for patients; a bartender who was fired in Reno for refusing to wear makeup and tease her hair; a cocktail waitress who lost her job at an Atlantic City casino when her dress size increased from size 4 to size 6.
If you fear that civil rights law is already bloated, you’ll probably be unmoved. But Rhode insists that she’s not conjuring up an overlawyered world in which aspiring models sue for losing work. She would allow businesses to select employees based on appearance in the same way they can legally select on the basis of sex: if it’s a “bona fide occupational qualification” for the job.
Rhode is also ready to concede that “on the reform agenda of women’s rights advocates, appearance does not deserve top billing.” She just wants to talk about the perils of high heels and weight requirements along with the wage gap. Ladies, think about it the next time your feet ache.
Emily Bazelon is a senior editor at Slate and the Truman Capote law and media fellow at Yale Law School.
Well, of course I had to look up this Portnick character.
http://www.grandstyle.com/spa.htm
Feeling Good Fitness
By Jennifer Portnick, Aerobics and Fitness Association of America (AFAA) Certified Aerobics Instructor and founder of Feeling Good Fitness, a provider of body positive aerobics classes, personal training and fitness consulting.
Why Dieting Isn't The Answer
As a personal trainer and aerobics instructor I often hear, "I know I can be healthy and happy if I just lose a few pounds." It seems we women in particular are always in search of that elusive perfect weight, the one at which we can accept ourselves and our bodies. Of course if we are feeling unhappy in our bodies the solution is to go on a diet, right? After all, any doctor will tell you that thin equals healthy and fat equals unhealthy. We certainly get this same message from going to movies and watching television. The closer we can come to being thin, we believe, the healthier we will become.
Wrong! Based on anecdotal evidence alone we can see that dieting is no solution. How many times have you or someone you know lost weight only to gain it back? How many times have you or someone you know lost weight and gained back more than you lost to begin with? Dr. Glenn Gaesser, author of Big Fat Lies, reports that at any given time nearly half of Americans are dieting to either lose or maintain their weight. According to National Institute of Health, a full 90% plus of dieters fall into the first category, and more than 80% of people fall into the second. Now, is this because we're a nation of gluttonous, weak and lazy people who can't control what we eat, or is there something else going on here that remains unexamined?
Our bodies really have a single goal, and that is to keep us alive. When we begin a diet our bodies immediately register that the nourishment we need to live is in scarce supply, and we prepare for the "famine" biologically by lowering metabolism and storing fat. Little do our bodies know, the "famine" is not due to an actual shortage of food, it is self-imposed.
Despite the body's tendency to adjust to a dieting state, many of us do lose weight. For as long as we are dieting, though, we can expect to go through a recovery period where we feel hungry for no reason and generally out of control around food. This recovery period is our body's way of recovering from the "famine" and making sure we do not ever go without again. It is during this time that we tend to regain weight and eat more than our body needs, not out of weakness or gluttony, but because our body is designed to help us survive. And surviving is a good thing, right?
Dieting leads to feelings of anxiety and powerlessness. After all, we think, what can we control if we cannot control our weight? Dieting also teaches us to distrust ourselves and our internal needs. If I were to eat every time I wanted food, the dieter thinks, I'd be as big as a house. I know this because I used to believe it myself, until I stopped dieting.
So if dieting isn't the answer, then what is? The amazing truth is, our bodies have a built-in system designed to regulate our weight and our appetite which dieters generally try their best to ignore. Once restrictions around food are removed and our bodies are left to regulate themselves, our weights will stabilize and we will find peace with food. Once we are working with our bodies instead of against them, taking care of ourselves completely, we can know a more balanced, healthful existence, where energies are devoted to the truly important things in life, and not to food obsession and body hatred.
Jennifer Portnick
email: Feeling Good Fitness website: Feeling Good Fitness
Body Positive Aerobics Classes, Personal Training and Fitness Consulting
"Don't Change Your Body, Change The Rules"
Okay, here's the deal. If she lives another 60 years or if she dies of a heart attack tomorrow, she's still saying something true: torturing yourself to meet a body size standard can't be good.
Her story ran in the BBC back in 2002, and they included her pinup photo:
That being said, I don't think I could stand her for other reasons. Following is from a site on "Plus Size and Living Well," by a sort of fat guru, Kelly Bliss.
http://www.kellybliss.com/fitandfat/index.php
Jennifer Portnick
I'm 5'8" and 240 lbs
Get enough rest every night of the week
Dance at least one hour six days a week
Do yoga two days a week
Eat my veggies
Get acupuncture and massage treatments monthly for stress management
Tell others "no" when I am overloaded
Love my body
Gah, I see hints in there of a congenital new age optimist...
But seriously, that's advice I will take on faith as the best possible health program, if you can do it: Dance, dance, and more dance.
Anyway, if web presence is any indication, Portnick got her exercise business going:
