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A weighty issue

 

A WEIGHTY ISSUE

Weight bias and discrimination has the potential to become the new racism. Are you an “obesist”? Or a “fatist” (as they like to call it in my office)?

The reality is that around 1 in 4 New Zealand adults are classified as obese. Obesity is a worldwide epidemic which can have serious consequences for employers and employees. Example: what happens when a job candidate applying to wait tables at your crazy-busy street cafe has stellar credentials, but he is overweight and you worry he won’t be able to keep up with the frantic pace on his feet for 10 hours a day? Can you refuse to hire him because you think he is too large?  obesity

The Employment Relations Act 2000 and the Human Rights Act 1993 govern the grounds of discrimination in the workplace. “Obesity” is not specifically referred to as a prohibited ground for discrimination, but “disability” is. Thus it begs the question – is obesity a disability? Disability is defined as:

  • physical disability or impairment;
  • physical illness;
  • psychiatric illness;
  • intellectual or psychological disability or impairment;
  • any other loss or abnormality or psychological, physiological, or anatomical structure or function;
  • reliance on a guide dog, wheelchair, or other remedial means;
  • the presence in the body of organisms capable of causing illness.

While obesity may not be a “disability” per se, it may be a significant factor in finding that a person has a disability. Another thought to ponder: what if a person’s obesity is a symptom of a medical condition? Should we distinguish between cause and effect?

The UK judiciary have been faced with some difficult cases recently surrounding obesity issues in the workplace. While they have refused to accept obesity is a disability in its own right, they have concluded that an obese person may be disabled if their obesity has a real impact on their ability to participate in work.

In New Zealand, an employer can specify particular physical characteristics only if those characteristics are essential in order to perform the job satisfactorily, or in order to meet safety requirements. There must be a real and genuine reason for doing so.

 

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Marion Square, Wellington 6141

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E: reception@buckettlaw.co.nz

 

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