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By Tom Christopher
The Randy Newman song “Short People” has found an echo in a new gender discrimination theory that has come into vogue in certain articles and in academic circles. Although the Newman song was considered to be satire, these theories are quite serious in claiming that gender discrimination can result from the physical work environment, frequently in the form of work environments designed for taller, and thus more-likely-male employees.
An article soon to be published in the University of Colorado Law Review by Jessica Roberts describes this theory that “the built environment can become a source of discrimination against women.” Ms. Roberts argues for applying the analysis from disability law to deal with it.
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