I find this article and the tone of the journalist highly annoying, and to someone who is super obese and struggled desperately with their weight, it is highly insulting. Naturally slim, moneyed, privately educated journalists like her, may believe that to solve obesity one simply needs to push away from the table and control one's eating. Many of us on this forum know it is often not that simple.
How exactly do you tell if obesity is self inflicted or not? Obesity experts will tell you that obesity is very complex, affected by multiple factors. How would you implement a law that only gave rights to obese people who have not inflicted their obesity on themselves. Science is in no way far enough advanced on the causes of obesity to be able to determine all the causes and the extent to which each one impacts the individual's weight with any certainty. And indeed, a smoker who cannot make it up stairs due to lung disease CAN claim for reasonable adaptations to be made for them at work, even though it is relatively certain that their condition is self inflicted - but we don't look at it that way, do we, because smoking, for all the damage it causes, doesn't incite the hysterical disgust and moralising that obesity does.
And if this journalist was interested, the EU court made no new legislation, and they didn't even decide on whether this man was made redundant due to his obesity. What they did say was that in Europe it is perfectly OK to dismiss someone because they are obese - there is no discrimination law that makes obesity a protected characteristic. The EU court also said that that the court in Denmark needed to consider whether disability was a factor in the redundancy, which is not allowed to be considered. They reiterated that obesity can rise to the level of a disability and in such cases, disability discrimination has to be considered. Just as a smoker who has lung disease would have to be considered as to whether their condition was disabling.
The European court ruling did not say that the obese couldn't be fired, or made redundant, they simply made the point that obesity can be disabling.
So regarding adaptations in the work place, what does this journalist think should be done? Should reasonable adaptations not be made? In which case there would be more unemployed obese people which would lead to another moralising article on the obese taking advantage of the welfare state - at which point the disabled obese are faced with the opinion that they shouldn't have adaptations made at work, they shouldn't burden the health care or welfare systems, and they are struggling to lose weight on the government's 'eat less, move more' campaign - there doesn't seem to be any options left apart from suicide - I say that sarcastically, but it certainly seems reminiscent of Scrooge saying that the poor should just die and 'decrease the surplus population'.
Yes there was a preliminary ruling that suggested that disability could only be considered in BMI above 40, but I suspect that this was amended because otherwise, you have a situation that because obesity is not protected with regards to discrimination, it means that employers could monitor the BMI of their employees and fire them before they reach a BMI of 40, thus what is supposed to be a protection ends up making things worse for the morbidly obese, who would find it much more difficult to find jobs or stay employed. The obese already have a difficult enough task in finding employment, with similarly or lesser qualified applicants being preferred over the obese applicant.
And if this journalist really thinks that employees will suddenly start overeating to become obese enough not to fire, then she's an idiot. By her own logic, anyone gaining weight would make themselves targets for firing BEFORE their obesity became disabling.
And for anyone who has not been disabled by their weight - obesity related disability is not some wonderful state where we're given extra rights and can gorge to our heart's content, it is a terrible place of comments, hostile stares, shouted insults, fear, pain, exhaustion, poor health, isolation, shortened life expectancy and horribly low self esteem. To believe that anyone would want to live like this is insane.
rant over
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