Thursday, February 7, 2019
Obesity and the American Disabilities Act :: Obesity and the ADA of 1990
The Americans with Disabilities Act of 1990 (adenosine deaminase) bans discrimination based on check. It provides individuals with disabilities polite rights protections like those provided to individuals on the basis of race, sex, national origin and religion (Mathias, 2003). The ADA defines disability as a physical or mental stultification that limits one or more(prenominal) major life activities and will non consider obese individuals as disabled unless the weight limits a major life activity. Federal courts assimilate ruled that morbid obesity waterfall downstairs the category of medical conditions which limit one or more life activities (Garcia, n.d). The Civil Rights Act of 1964 established basic federal laws on employment discrimination. It does not identify weight as a saved 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 chance Commission (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 hypertension 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 violation of the ADA. He alleged that McDonalds refused to contract 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 dismiss 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 discrimination and disability, surrounding obesity must involve the legal and medical communities.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment