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2 years, 3 months ago

Should Obesity be considered a disability?

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smyjpmu | 2 years, 3 months ago
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Under the Americans with Disabilities Act, a disability is "a physical or mental impairment that substantially limits one or more of the major life activities of such individual".

I would say that morbid obesity (but not necessarily all obesity) should be considered a disability under this defintion. I say this without commenting on whether or not I believe discrimination of individuals with this disability ought to be criminalized. Morbid obesity, which by definition "can interfere with basic physical functions such as breathing or walking", substantially limits one or more of the major life activities of a morbidly obese individual.

That said, the courts have so far disagreed with this analysis. In EEOC v. Watkins Motor Lines, Inc. the Sixth Circuit Court of Appeals said that "morbid obesity, not related to any physiological cause, is not an impairment under the ADA". I disagree with the court. Obesity is, in itself, a physiological condition, and there is no provision in the Americans with Disabilities Act which says that the disability cannot be a result of mistakes made by the disabled individual. If someone eats too much and becomes morbidly obese, that is a disability just the same as someone who jumps out of an airplane and becomes paralyzed.

So I'd say yes, morbid obesity, as in the type of obesity that confines people to wheelchairs and the like, should be considered a disability. But I reiterate that I come to this conclusion while making no comment on whether or not such a disability ought to come with any special legal protections.

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smyjpmu | 2 years, 3 months ago Report

True, but the term "disability" generally constitutes both "temporary disabilities" and "permanent/long-term disabilities". I believe the cutoff for a disability to be considered "temporary" is 12 months. Can morbid obesity be expected to last more than 12 months? I would think so in most cases.

In any case, if your question is whether or not obesity is a "permanent disability", I'd still say it can be in some cases, but those cases would be less than those which I'd consider it simply a "disability".

(By the way, I believe pregnancy is an example of a "temporary disability" under the ADA, but I'm having a little bit of trouble finding a good source for that.)

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eponaleah | 2 years, 3 months ago Report

Interesting comparison between someone jumping from an airplane and becoming paralyzed and someone who eats too much and becomes obese. The major difference here is that once the person is paralyzed, he or she has little control over the fact that the injury is likely permenant, whereas obesity can be a temporary condition.

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f1osof2 | 2 years, 3 months ago
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In the strict sense, yes.
People who are obese can't do a lot of things that normal people can, which is the definition of disabled.
Even though in many cases it's their own fault.
If a drunk driver gets in an accident that amputates his leg is he disabled? Even thoug hit's his fault?

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jehnavi | 1 year, 1 month ago
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Regardless of the causes or reasons for the morbid obesity, it is a real problem. Those who are afflicted with this disease are not able to function as others do who don't have this problem. Because of this inability, I would think that it would be considered a disability. There are treatments for it, whether it is psychological or medicinal, the success of treatment will always depend on the patients commitment to change.
http://www.fightobesity.net/definition-of-teenage-obesity.html

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artsy13 | 2 years, 3 months ago
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No, unless it was under unavoidable circumstances that it was acquired. For example, if someone is obese simply because they decide to be lazy and eat junk food, then no that their own fault, so there is no "disability" that would go along with that.

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smyjpmu | 2 years, 3 months ago Report

If someone becomes paralyzed because they decide to be lazy and not wear a seatbelt, then are they also magically not considered to be suffering from a "disability"? A disability is a disability, regardless of whether or not you have become disabled through your own fault.

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