Wednesday, March 20, 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 deterioration. It provides individuals with disabilities civil rights protections the 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 impairment that limits integrity or more major vivification activities and will not roll obese individuals as disabled unless the weight limits a major join activity. Federal courts have ruled that morbid obesity falls 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 lawfulnesss on engagement 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 pestilent affectin g millions of individuals in the United States. The Equal Employment Opportunity bearing (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 incisive against him in violation 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 dismiss the case, stating Mr. OConnor was not disabled at heart the meaning of the ADA. The federal court, however, refused to dismiss the lawsuit. The court held that OConnor moldiness be given the chance to prove that he is protected under the law (Garcia, n.d.).The challenge in dealing w ith the controversy, of discrimination and disability, surrounding obesity must involve the legal and medical communities.
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