Obesity Discrimination & the Americans with Disabilities Act (ADA)

In recent years, obesity has become a growing concern across the United States. Many American health professionals are now starting to see obesity as a serious epidemic inflicting countless lives. "Results of a survey by the Center of National Health Statistics found that in the years 2003 to 2004, an estimated 66% of U.S. adults were either overweight or obese" (Staman, 2007, p. 1-2). Yet, despite the growing number of people who are either overweight or obese, these individuals are often stigmatized (sometimes brutally) because of their weight. Our culture is obsessed with thinness. Many Americans unwittingly attribute such things as attractiveness, success, energy, and self-discipline to those who are thin, while assuming the opposite traits about those that are obese. As a result, many obese Americans are reporting that they face daunting discrimination, especially within the workplace (The 'Lectric Law Library, n.d.).

The Americans with Disabilities Act (ADA) was passed in 1990 to address the rising problem of disability discrimination in the U.S. (Staman, 2007).

The ADA defines "disability" with respect to an individual as "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual [such as walking, or working]; (B) a record of such an impairment; or (C) being regarded as having such an impairment." (Staman, 2007, p. 2).

However, does the ADA consider obesity a disability and thus protect these Americans who are discriminated because of their weight? After reviewing several cases decided by federal courts, it is obvious that the ADA does not consider obesity a disability. Consequently, most obesity discrimination does not violate the ADA. In rare cases, obesity has been considered a disability when the individual can show his/her obesity was caused by or has caused a physiological disorder and has created a major impairment in that person's life (e.g., walking or working) (Herrring, 2000; Staman, 2007).

Nevertheless, it is my firm belief that federal law should protect obese Americans from discrimination. I have a couple good friends who are obese. Although they are clearly very overweight, they still have a lot of energy and strength. Yet, their weight has caused them a great deal of discrimination, practically with employment. One of these individuals even had one interviewer tell him that his weight problem made it impossible for him to look professional enough to be a good representative of that company. And even though he has lost over 40 lbs., he feels like he is no closer to going back to his career than before. Thus, it pains me to know that there are more people out there like him that have had their dreams and livelihoods taken away, all because of our society's bias and stereotyping (The 'Lectric Law Library, n.d.).

Fundamentally, I feel that there might be jobs out there that some or perhaps many obese people might not be able to do. However, these same jobs may be difficult or even impossible for other types of people (e.g., those that are underweight or those that do not have much strength). Hence, it is my opinion that employers should focus on ability rather than weight. If obese people can show that they can handle a job, then their weight should not be an issue. Likewise, if they cannot do the work, they can at least know that they were given a fair chance at the job and move on with dignity to another job opportunity.

In the end, it should be pointed out that a person's weight is not an accurate way to measure if he or she is obese and/or unhealthy. Often, obesity is measured using Body Mass Index (BMI) (Staman, 2007). A BMI of 25 to 29.9 is supposed to indicate that someone is overweight, while a BMI of 30 or above signifies that he or she is obese. Nevertheless, BMI has its limitations. For example, it does not take into consideration that muscle weighs more than fat. Therefore, BMI measurements are not that reliable for those with a large amount of muscle (Squires, 2005). Also, BMI does not account for different bone structures. Take my younger brother for example. He is 23, 6'1, and weighs close to 230. That gives him a BMI of around 30.3, which should mean that he is obese. Yet, he is currently serving in the Army as a military policeman. Because his weight is far over the Army's weight restrictions for a male his age and height, he regularly has to have his percentage of body fat measured. This has never been a problem for him, though, because he falls well into the healthy range for body fat. In the end, this discrepancy between body fat percentage and BMI is due to two things: (1) he has a bone structure that is larger than the average person and (2) he has been bodybuilding for the past five years, creating plenty of extra weight from muscle. Ultimately, just because the numbers may insist that an individual is obese, it does not mean that he or she is unhealthy or unable to perform certain tasks.

References:

Herrring, II, W. W. (2000, November 28). Obesity and the ADA: Coverage for a large group. Employment Publication. Retrieved July 24, 2008, from http://www.huntermaclean.com/publications/view/67

The 'Lectric Law Library. (n.d.). Report on size discrimination. Retrieved July 24, 2008, from http://www.lectlaw.com/files/con28.htm

Revolution Health Group LLC. (2008). Body mass index [calculator]. Retrieved July 25, 2008, from http://www.revolutionhealth.com/calculators/body-mass-index-bmi?height_feet=6&height_inches=&weight=560&redirect=false&view_only=false&input_only=false/?msc=A62819

Squires, S. (2005, May 23). Finding middle ground on the obesity debate. The LA Times. Retrieved July 24, 2008, from http://articles.latimes.com/2005/may/23/health/he-lean23

Staman, J. (2007, February 22). Obesity discrimination and the Americans with Disabilities Act. Retrieved July 24, 2008, from http://assets.opencrs.com/rpts/RS22609_20070222.pdf