Is obesity a disability?September 25, 2015 // No Comments
There are different levels of obesity; a person with a Body Mass Index (BMI) of between 30 and 40 would be considered to be ‘obese’, whilst a person with a BMI over 40 would be considered ‘morbidly obese’ or ‘very obese’. Being obese increases a person’s risk of developing a number of serious and potentially life-threatening diseases. People who are obese (particularly those who are very obese) may well also experience issues that reduce their quality of life and make their everyday lives more difficult (e.g. difficulty moving around, knee problems from carrying too much weight, bowel and stomach problems, fatigue, impaired psychological health, etc.).
Under the Equality Act 2010, which aims to provide a single set of rules that cover all kinds of discrimination, people are classed as having disabilities if they have physical or mental impairments that have substantial and adverse long-term effects on their ability to carry out normal day-to-day activities. So, using this definition, would people count as disabled if their obesity were affecting their day to day activities? In itself, obesity does not count as a disability, although being obese (particularly being very obese) will increase the likelihood of a person suffering from related issues that might fall within the definition of obesity in legislation. In fact, a recent tribunal case concluded that a worker, with a BMI of 48.5 and a number of health conditions relating to his weight, was disabled, and it upheld his claim for harassment related to disability. So, employers need to consider whether their employees have an impairment that is making their everyday lives difficult for them, and whether the negative impact of the impairment(s) have been ‘substantial and long-term’ (i.e. 12 months or more).
Read the full article here on the government’s Fit For Work website.