Washington’s New Obesity Law Is Super Confusing. Here’s Why

Washington’s New Obesity Law Is Super Confusing. Here’s Why

Now, to clarify, both the federal Americans with Disabilities Act (ADA) and WLAD are designed to prevent discrimination in the workplace. But ADA fo

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Now, to clarify, both the federal Americans with Disabilities Act (ADA) and WLAD are designed to prevent discrimination in the workplace. But ADA focuses on whether you have a physical or mental impairment that “substantially limits one or more major life activities”. WLAD also prevents discrimination based on sensory, mental or physical disabilities, but it also protects people for issues that have nothing to do with being disabled, such as your sexual orientation, race and marital status. So its discrimination protections are broader. 

The new Supreme Court ruling means that Washington employers now have to consider obesity as an impairment, the same as, for example, epilepsy, blindness or multiple sclerosis. And since obesity is identified as an impairment, you have to make reasonable accommodations to enable individuals with weight concerns to do their job. The rationale was that the medical community recognizes obesity as a physiological disorder.

On the one hand, this is fabulous news. Some of the most creative, skilled and passionate people I know are on the heavy side, and the ruling ensures that they’ll have a fairer shot at getting a great job and proving their talent. And generally, I believe companies who can set aside biases–weight-related or otherwise–open themselves up to a much broader pool of people who can contribute. Discrimination is always an ugly thing, and now other states have a precedent to ban even more of it.

But here’s my issue. A disability generally is seen as something beyond an individual’s control. For example, I didn’t choose to be a little person, just the same as someone else doesn’t choose to lose a limb in an accident or suffer from a heart defect. And much of the time, obesity is similar, too. We know, for example, that genetics can influence weight, as can medications for other serious conditions.

But sometimes, weight issues are a choice. Many people who do not have genetic or other medical concerns can opt for a lean turkey sandwich and salad for lunch rather than a burger and fries, for example. They can choose to turn off the TV and go for a walk.

And then there’s a fuzzy middle ground. Consider, for example, people in food deserts. These individuals might want to eat well or to exercise regularly and don’t necessarily have physiological reasons for easy weight gain, but they might not always have access to healthier, lower-calorie options. And some groups of people, such as African Americans and Hispanics, are thought to have higher rates of obesity at least in part because of income and other social disparities that influence both food selection and exercise, regardless of genetic components. So while they technically are deciding what to eat, it would be tough to consider them completely at fault.

It gets even more complicated when you consider that, for many people, obesity isn’t at all prohibiting. Some individuals are what doctors controversially refer to as “fat but fit“, meaning that, while these people have an “abnormal” weight, they exercise regularly and have good metabolic health, performing most if not all daily tasks with total independence. In fact, some of them are out there running marathons. If the definition of a true disability is that it limits daily activities, then these individuals should not be classed as impaired.

So the basic question is, how can a law lump all these circumstances together?

My take is, you can’t.

Does that mean you should be allowed to discriminate against heavier people? Nope. In that sense, I think the ruling is beneficial, given that well over a third of Americans (39.8 percent) now fall under the obese label. But to identify all cases of obesity as a disability to me might reveal a bias by itself, and it does not recognize the incredibly complicated nature of weight abnormalities and their causes. The closer we get to doing that, the closer we get to having truly appropriate accommodations and being able to attack health more successfully overall.

The opinions expressed here by Inc.com columnists are their own, not those of Inc.com.

This article is from Inc.com

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