After serving fifteen years as a childminder in a small town, Mr. Kaltoft is discharged from his job for being overweight. The dismissal of Kaltoft sparks widespread controversy as to whether or not body weight should be protected under human rights laws and constitute for a legal claim. In the employment setting, overweight individuals are often victims of weight-based discrimination. Many individuals attempt to strive to find legal options under the Disability Act which protects against discrimination on the basis of an actual functional mental or physical limitation; however, there are several unanswered questions whether obesity meets the requirements of a disability or not. This paper argues whether obesity can and cannot be seen as a
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(Murray, 2016) However, research shows that obesity should not be protected under a disability as it is inherently different from other diseases that are protected under the law does, such as cancer, cerebral palsy, or depression (Vallor 2013). It is justifiable when a morbidly obese person is denied the position of a firefighter as they "would be less apt to be an efficient, safe, illness-free, and claims-free employee than one not having those conditions"(Vallor 2013). This is not discrimination due to the bona fide occupational requirements of being a fireman. Understanding the definition of disability is important in determining whether or not it includes obese individuals. In lecture, disability is defined as an umbrella term, covering impairment, activity limitation, and participation restrictions. However, research states that being overweight is usually not considered an impairment (Lopez, 2009) as it is “not an immutable condition such as blindness or lameness” (Greene, 1981). This is because it is mainly caused by overconsumption and is generally voluntary and mutable and can be prevented through behavior habits such as portion control, physical exercise and eating a healthy balanced diet (Kim et al. …show more content…
Thus it can be prevented by behavioral habits and it is not a physical impairment. Commonly, two models discussed in lecture are used to define disability. The medical model identifies weight as an indication of impairment and the problem of the individual. On the other hand, the social model claims that obesity limits one’s work performance, as a result the workforce must accommodate to one’s needs. As discussed in lecture, the charity model states that low self-esteem is associated with individuals who are labeled as being disabled. Thus, if obesity gets labeled as a disability, it will heighten the stigma, prejudice and negative stereotypes that already exist while lowering one’s self-confidence. Although obesity is associated with other health problems that may qualify as disabled, obesity itself is not a disability and “should not require a minimum level of seriousness before satisfying definitions of 'disability”' (Flint, 2015). Taking into account the disability models, human rights violations and disability barriers, obesity should not be considered a
(Murray, 2016) However, research shows that obesity should not be protected under a disability as it is inherently different from other diseases that are protected under the law does, such as cancer, cerebral palsy, or depression (Vallor 2013). It is justifiable when a morbidly obese person is denied the position of a firefighter as they "would be less apt to be an efficient, safe, illness-free, and claims-free employee than one not having those conditions"(Vallor 2013). This is not discrimination due to the bona fide occupational requirements of being a fireman. Understanding the definition of disability is important in determining whether or not it includes obese individuals. In lecture, disability is defined as an umbrella term, covering impairment, activity limitation, and participation restrictions. However, research states that being overweight is usually not considered an impairment (Lopez, 2009) as it is “not an immutable condition such as blindness or lameness” (Greene, 1981). This is because it is mainly caused by overconsumption and is generally voluntary and mutable and can be prevented through behavior habits such as portion control, physical exercise and eating a healthy balanced diet (Kim et al. …show more content…
Thus it can be prevented by behavioral habits and it is not a physical impairment. Commonly, two models discussed in lecture are used to define disability. The medical model identifies weight as an indication of impairment and the problem of the individual. On the other hand, the social model claims that obesity limits one’s work performance, as a result the workforce must accommodate to one’s needs. As discussed in lecture, the charity model states that low self-esteem is associated with individuals who are labeled as being disabled. Thus, if obesity gets labeled as a disability, it will heighten the stigma, prejudice and negative stereotypes that already exist while lowering one’s self-confidence. Although obesity is associated with other health problems that may qualify as disabled, obesity itself is not a disability and “should not require a minimum level of seriousness before satisfying definitions of 'disability”' (Flint, 2015). Taking into account the disability models, human rights violations and disability barriers, obesity should not be considered a