Thursday, May 30, 2019
Obesity and the American Disabilities Act :: Obesity and the ADA of 1990
The Americans with Disabilities Act of 1990 (ADA) bans discrimination based on disability. It provides individuals with disabilities civil rights protections like those provided to individuals on the ass of race, sex, national origin and religion (Mathias, 2003). The ADA defines disability as a physical or mental impairment that limits one or more major(ip) life activities and will not consider obese individuals as disabled unless the weight limits a major life activity. Federal courts yield ruled that ghoulish obesity falls under the category of medical conditions which limit one or more life activities (Garcia, n.d). The Civil Rights Act of 1964 established basic federal official laws on employment discrimination. It does not identify weight as a protected characteristic, and as a result, does not provide protection for obese individuals who have been discriminated against by potential or current employers. Obesity is now being called an epidemic affecting millions of individuals in the United States. The Equal Employment Opportunity charge (EEOC) has taken the position that morbid obesity, even if voluntary, can be a protected disability under the ADA. Obesity-related health conditions such as diabetes, heart disease, and high blood pressure are considered disabilities based on the ADA. The article on obesity in the workplace tells the story of Joseph OConnor. Mr. OConnor sued McDonalds for discriminating against him in colza of the ADA. He alleged that McDonalds refused to hire him as a cook because of his obesity. Mr. OConnor claimed his obesity was a disability and McDonalds discriminated against him because of this disability. McDonalds sought to drip the case, stating Mr. OConnor was not disabled within the meaning of the ADA. The federal court, however, refused to dismiss the lawsuit. The court held that OConnor must be given the chance to prove that he is protected under the law (Garcia, n.d.).The challenge in dealing with the controversy, of di scrimination and disability, surrounding obesity must involve the legal and medical communities.
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