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Morbid Obesity Is A Disability In US. So You Can't Discriminate

Written by Jamie Stowe | Thursday, 13 August 2009 | There are 4 comments

it is illegal to pass somebody over for a job because of a disability

In America the huge question of whether obesity should be defined as an illness continues to cause controversy. At present the legislation defined by the Americans with Disabilities Act does not say that obesity discrimination for jobs is illegal but it does note that morbid obesity which is defined as having twice the normal weight for your height is a disability.

Morbid Obesity Is A Disability In US. So You Can

Basically it is illegal to pass somebody over for a job because of a disability and obesity is only defined as a disability when it becomes morbid obesity. This is an important point that employers must be aware of when hiring candidates for a job in the US.

Technically it means that if somebody is very overweight you may use that as a reason not to employ them but the moment the obesity reaches the point where it becomes a classified disability you may not consider it as a reason not to give them the job, unless you can specifically prove that the morbid obesity problem makes it impossible for them to do their job.

The sad fact is however that no amount of legislation can actually protect against obesity discrimination.  Employers will always point to other things to show how obese people were not suitable for a job and there’s very little you can do about the negative perceptions which accompany a weight problem.

Ukmedix News has published research showing that even well meaning professional people subconsciously perceive obese people to be less intelligent and lazier than their normal weight peers. Even doctors discriminate against obese patients without realising it.

Obesity is a horrible condition to live with as not only do you suffer from hundreds of obesity related health problems but you have to live with negative perceptions from everybody that you meet.

You can get help to lose weight and the time to act is right now!

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There are 4 comments on this article.

On August 14, 2009 at 14:45
George said:

it should be a legal punishable offence to descriminate against any condtition obesity included.

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On February 16, 2010 at 23:29
DAVID said:

So as an employer I would have to employ an obese disabled candidate if they were the best applicant for the post...even though they could be off work more often through obese related illness's,are unable to pick things off the floor and who probably will need 10 mins to recuperate from climbing stairs to the offices. Further more I would have to buy oversized chairs,widen standard doorways etc.

Alternatively grossly overweight people could stop overeating and look after their bodies. I realise certain med conditions cause obesity and would not discriminate against them.

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On February 16, 2010 at 23:36
John Ogroats said:

Being obese should be a crime, what about other people who have to suffer because of fat people. Take for example those who have to sit next to them on planes, buses and such like, especially when they oversweat ! Obese people should be charged double on public transport so the seat next to them is paid for.

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On February 19, 2010 at 07:48
Harry said:

David you idiot! If you realise certaion certain medical conditions cause obesity and you say you would not desciminate against them, and, at the same time you say agossly overweight people could stop overeating and look after their bodies, HOW are you going to determine who is who? Are you going to ask them "Have you got a medical condition? If so, I will not descriminat against you"! With that way of thinking YOU should be unemployable!

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