Disability Discrimination and Obesity: The Big Questions?
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Obesity discrimination in employment and recruitment has become a topic of focus for research examination with increasing reports of discrimination by colleagues and managers. Whilst a limited number of legal cases have emerged, disability law is consulted in line with the expectation of anti-discriminatory practices at work. In line with disability law, whether obesity is defined as a disability or not has an impact on the outcome of a court ruling. Ambiguity when defining obesity through either the medical or social model means there are many questions that remain unanswered which might lead to inconsistency in court rulings.
KeywordsObesity Discrimination Weight bias Stigma Workplace Employment law
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Conflict of Interest
Stuart W. Flint and Jeremé Snook declare that they have no conflict of interest.
Human and Animal Rights and Informed Consent
This article does not contain any studies with human or animal subjects performed by any of the authors.
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- 1.WHO. Childhood overweight and obesity on the rise: WHO. 2014. http://www.who.int/dietphysicalactivity/childhood/en/.
- 3.Flint SW. Obesity stigma: prevalence and impact in health settings. Brit J Obes. 2015;1:14–8.Google Scholar
- 7.Flint SW, Snook J. Obesity and discrimination: the next ‘big issue’? Int J Dis Law. 2014;14:183–93.Google Scholar
- 9.Puhl RM, Brownell KD. Stigma, discrimination, and obesity. In: Fairburn CG, Brownell KD, editors. Eating disorders and obesity: a comprehensive handbook. 2nd ed. London: The Guilford Press; 2002. p. 108–12.Google Scholar
- 15.•Schvey NA, Puhl RM, Levandoski KA, Brownell KD. The influence of a defendant’s body weight on perceptions of guilt. Int J Obes. 2013;37:1275–81. This was the first study to demonstrate that obese persons are more likely to be found guilty of a crime compared to normal weight counterparts. CrossRefGoogle Scholar
- 30.Saguy AC, Almeling R. Fat in the fire? Science, the news media, and the “obesity epidemic”. Soc For. 2008;23:53–83.Google Scholar
- 31.Flint SW, Codreanu S, Gomoiu A, Čadek M, Ivić V, Zomer C, et al. Obesity discrimination in the workplace: ‘You’re Hired!’ J Europ Psychol Stud. 2015;6:64–69.Google Scholar
- 36.•Caliendo M, Lee W. Fat chance! Obesity and the transition from unemployment to employment. Econ Hum Biol. 2013;11:121–33. This manuscript reports the gender difference in obesity discrimination when seeking employment. The manuscript reports that obese women receive a lower salary than normal weight women. CrossRefPubMedGoogle Scholar
- 39.Hosking DL. Far rights claims rebuffed: Karltoft v Municipality of Billund (Case C-354/13). Ind Law J. 2015;44:460–471.Google Scholar
- 40.The Equality Act. Protected characteristics. http://www.legislation.gov.uk. 2010.
- 41.Americans with Disabilities Act. The Americans with disabilities act of 1990 and revised ADA regulations implementing title II and title III. http://www.ada.gov.uk. 2010.
- 42.Walker v Sita Information Networking LTD: UKEAT/0097/12/KN. 2013.Google Scholar
- 43.Walker J. The United Nations convention on the rights of persons with disabilities: an overview. Ottawa: Library of Parliament; 2013.Google Scholar
- 44.Chacon Navas v Eurest Colectividades SA: European Court of Justice, C-13/05. 2006.Google Scholar
- 45.••Karltoft v Municipality of Billund. EUECJ C-354/13_O. 2014. A recent ruling that obesity may be one factor that leads to discrimination based on a lack of participation at work. Google Scholar
- 46.Mc Tigue P. From Navas to Karltoft: the European court of justice’s evolving definition of disability and the implications for HIV positive individuals. Int J Law Discr. 2015; doi: 10.1177/1358229115591653.