Should obesity be classed as a disability?

[Pearls18]

A Danish childminder is using anti-discrimination laws to claim his dismissal from work as he couldn't tie a child shoe laces was illegal. Putting aside the reasons for his dismal, is it discriminatory to treat someone different if they are obese? As was stated in the piece I was watching a pregnant woman couldn't be sacked for not being able to do so for example. Should they have the same protections as disabled people?

The 2010 Equality Act stated obesity is not in itself a disability.

 

[blueskai]

I don't believe it should be classed as a disability. It doesn't seem right to me.

I was counted as morbidly obese at 19stone, and have since lost over 3stone, but I think the aim should be to provide support to lose weight and become healthier, and also deal with underlying issues they may have that have caused it. instead of paying to fund their obesity. In most cases it's self inflicted due to over eating and lack of motivation or exercise, and therefore shouldn't be classed as a disability.

xo

 

[Gnomer]

Whilst I think he should lose his job, since he can't physically do what is required in the job, I also do think obesity should be regarded as a disability. Severely obese people just physically can't do as much as a person of average weight. You cannot hire a person unable to bend down for jobs that require that bending.
The difference with pregnancy is it's not a long lasting condition. It has a definite time scale. An employer knows that this will only be the case for a certain amount of months, unless there's a rare complication, and the woman will be taking time off when it gets too much.
With an obese person, there isn't the time scale. You cannot say "you have a year off and we will see you when you've lost some weight". Obese people should apply for jobs that are suitable for them, similarly to how disabled people do. Doesn't the discrimination act require an employer to make reasonable adjustments, such as allocating tasks to others, providing access, flexible hours? (It has been a while since I've seen the discrimination act).
Then again, why is the childminder unable to tie shoes? There are very good and very capable obese parents. Can the child not sit on the couch next to the childminder, or a chair in front and raise it's feet to a seated childminder?

 

[Gnomer]

There are many disabilities that are self inflicted. Does that mean that person shouldn't be considered disabled? I don't believe it should. Disability should be defined on a physical or mental impairment, regardless of how that impairment came about. The causes doesn't make it any less impairing.

I do think there should be weight loss help provided to the obese, however. Like you'd provide CBT to someone suffering anxiety.

 

[blueskai]

I just don't agree, even as an overweight girl myself (like I said I was morbidly obese only at the beginning of last year), that I should be able to eat myself into that state, then claim disability. While discrimination simply isn't acceptable, there will always be jobs that obese people can't do because of their weight - that is not the fault of the employer, and steps can't always be taken to adjust the workplace for someone who is obese.

xo

 

[noon_child]

The 2010 Equality Act stated obesity is not in itself a disability.

Probably because a lot of obese people can function perfectly well. However once the obesity has affected another part of the body e.g cripples the knees or caused breathing difficulties and irregular heart beat they may then be classed as disabled.

 

[Gnomer]

Obesity can and is something that can cause impairment enough to justify disability. Hips, knees, diabetes, heart issues ect.
You can also argue that obesity is an eating disorder, an actual mental health condition, and not something that can't be controlled.
My nanna drank herself stupid for many, many years. By the time she was 50 she had had several strokes, 2 heart attacks, severe diabetes, gangrene in her foot, liver failure and cancer. These were all self inflicted. Does that mean she shouldn't have been classed as disabled? She couldn't walk, couldn't care for herself, barely left her bed and required 24/7 attention.
You cannot judge by what is self inflicted and what isn't. You have to decide based on how unable the person is to lead a 'normal' life.

 

[steph.]

No obesity should not be classed as a disability in itself. If the obesity then leads to other problems, such as arthitis then yes. A lot of people are obese nowadays because they overeat and don't do enough exercise, if it was classed as a disability (with disability benefits) then about 25% -33% of the population in some areas would be able to claim. I can even see some people eating themselves silly in order to classify as a disabled. Or other people not wanting to lose weight for fear of losing their benefits.

I think the person should have been fired. He couldn't take care of the children properly so he should find another job. Just like people who are short can't be air hostesses because they can't reach the overhead compartments. Or someone who is small and weak can't be a bouncer.

 

[Pearls18]

So should obesity in itself be a sackable "offence" if somebody starts to struggle in their job if they begin to gain weight?

(Not looking for particular answers just interested to know people's thoughts!)

 

[Caite]

Being obese shouldn't be a reason to sack someone. However, being unable to fulfil the requirements of the job (and not in the short term, for example pregnancy, or if someone had a short term illness or injury) shouldn't mean that the employer has to continue paying their wages if they are not doing what they are paid to do.

 

[blueskai]

I think it depends on their ability to continue doing what they're paid to do. If an "able-bodied" person started slacking off, or not fulfilling their contracted role then they would be dismissed after a period of time. So it should be the same for obese people who can no longer do their job, as PP said not in the short term tho.

xo

 

[steph.]

So should obesity in itself be a sackable "offence" if somebody starts to struggle in their job if they begin to gain weight?

(Not looking for particular answers just interested to know people's thoughts!)

Yes if the fat is preventing them from doing their job properly. I think it would be fair to give them a warning, and if they do nothing about it then they should be sacked. It seem that obesity has become a bit taboo, that people skate around it for fear of offending, which in turn has not helped the obesity epidemic.

 

[blueskai]

I agree steph. If someone had told me straight, or if I knew being obese would drastically affect my chances of employment then I'd have kept more of an eye on it. I do think there should be more help in place for people who are overweight though, to deal with any underlying issue they may have that has contributed towards obesity.

xo

 

[emyandpotato]

I don't know about whether or not it should be classed as a disability, but how is it an unfair dismissal? You wouldn't hire any childminder who couldn't take complete care of a child. I probably wouldn't hire a disabled childminder, or one with mental health problems etc. etc.. It isn't discrimination, it's a case of them not being suitable for the job.

I think that obesity is a medical problem and needs help and assistance but it isn't a disability as it's controllable.

 

[sheldonsmommy]

I agree steph. If someone had told me straight, or if I knew being obese would drastically affect my chances of employment then I'd have kept more of an eye on it. I do think there should be more help in place for people who are overweight though, to deal with any underlying issue they may have that has contributed towards obesity.

xo

I agree with this. Where I'm from, if you have an addiction to any substance, it is illegal for them to be fired. They must first be offered addiction treatment, if it is refused, then it's grounds for termination. I believe that obesity is in many cases (not all) an addiction to food, so it would make sense if it was treated similarly if they were unable to complete tasks required by the job due to their weight.

 

[Sqwidge]

I don't know about whether or not it should be classed as a disability, but how is it an unfair dismissal? You wouldn't hire any childminder who couldn't take complete care of a child. I probably wouldn't hire a disabled childminder, or one with mental health problems etc. etc.. It isn't discrimination, it's a case of them not being suitable for the job.

I think that obesity is a medical problem and needs help and assistance but it isn't a disability as it's controllable.

Wasn't gonna reply, but then sorry, couldn't let it go.

You wouldn't hire any childminder who couldn't take complete care of a child - and a disabled person (obviously it depends on what disability they have) can't look after a child??? Please tell me how my 6 year old has lived to 6 and god forbid I'm having another baby...if disabled people can't look after children?

 

[pinklightbulb]

No, it shouldn't.

 

[Foogirl]

In itself it isn't a disability. But it can lead to disabling conditions. So, if someone can't walk far then yes it is a disability.

If you become permanently unfit to do your job for any reason, you should be dismissed. But it should be illegal to discriminate against a person on the grounds of anything to do with anything other than their ability to do their job.

 

[Foogirl]

I don't know about whether or not it should be classed as a disability, but how is it an unfair dismissal? You wouldn't hire any childminder who couldn't take complete care of a child. I probably wouldn't hire a disabled childminder, or one with mental health problems etc. etc.. It isn't discrimination, it's a case of them not being suitable for the job.

I think that obesity is a medical problem and needs help and assistance but it isn't a disability as it's controllable.

This is a shocking statement. To assume someone is incapable of looking after. child because they have a disability is downright offensive. And I assume you would ask any person if they had a mental illness, or would you expect them to wear a badge proclaiming it?

It breaks my heart that people will look at my daughter when she is an adult and make an assumption about her capabilities, just because she walks funny. There are thousands of people out there with mental illnesses and physical disabilities who are perfectly capable of looking after children.

 

[Rachel_C]

I agree with others that obesity in itself should not be classed as a disability. I do think that the causes and consequences of it could be considered a disability but I don't think anybody can just say "I'm obese, I'm disabled, make special allowances for it" if there's nothing 'wrong' that has caused it and they're not actually impaired as a result of it.

Perhaps if somebody had an issue that made them overeat (maybe they were on steroids or were depressed) that could be considered a disability and if they couldn't walk because of it that might be a disability but somebody just not caring that they're too fat to bend over (no identifiable emotional cause, no physical cause) is not in itself reason for special allowances.