Obesity disabling, yes, but hardly a disability

Does obesity give grounds for dismissal?

The recent discussion around the Whanganui District Health Board table on naming obesity is about to be debated in a parallel universe in the refined air of the European Court.

In one corner, weighing in at 158kg is Karsten Kaltoff, a childcare worker who lost his job with a council childcare centre because he could not physically perform some of his duties.

In the other corner is the European Court of Justice in Luxembourg whose decision could potentially redefine obesity as a disability.

The outcome is being watched carefully across European jurisdictions as the issue of discrimination in the workplace around obesity becomes larger - figuratively and in reality as the proportion of those deemed obese expands (in Britain, 64 per cent of adults are classified as being overweight or obese).

The case was sparked by Karsten losing his job because he could not do tasks such as tying children's shoe laces because of his size.

The court will consider whether that is discrimination related to obesity as a form of disability, or whether being so overweight that you cannot perform work tasks is grounds for dismissal.

The article in The Guardian newspaper quoted a legal specialist as saying the court decision will have significant repercussions, noting that "discrimination law in the UK, the Equality Act 2010, has been interpreted as protecting physical and mental conditions which result from obesity, to the extent they meet specified criteria in terms of their nature, effect and duration".

"Obesity itself has been rejected by the UK courts as a disability in its own right. If the European Court reaches a contrary conclusion, the Equality Act would need to be applied very differently."

At a time when public health officials in many countries are struggling to manage the growing health needs of increasing numbers of clinically obese people, this particular legal case in many ways represents the different perspectives on how society and policy-makers view the situation.

On the spectrum of eating disorders, obesity seems to have missed the alarm and concerns society has about bulimia and anorexia.

There is the straightforward argument that people who become overweight to the point of clinical obesity need to eat less and become more physically active.

People do not become that overweight overnight, and reversing that and getting back to a healthy body weight takes time, commitment and support.

There are those who would argue that that is made harder by a commercial environment that profits from loading food with sugar and/or fats and glosses the product with the sheen of seductive advertising.

The response requires a combination of legislative mechanisms that "persuade" companies via tax levers towards healthier food products and socio-environmental direction that steer people towards walking, cycling and affordable access to healthy food options.

There is no doubt that obesity, along with its obvious health risks, can be disabling, but to consider it a disability is a misuse of the term.

I am reminded of this as I consider the life and recent passing of a Whanganui woman whom our family knows well - someone who had a disability but who was never going to be defined by it. Her boundless intellectual curiosity, wit and charm made a huge impression and her charisma blazed so brightly that it outshone the physical limitations.

In a time when many, like that young woman, do not wear the label of disability as a reason to be treated differently from others, it is contrary to hear that obesity could lay claim to disability rather than move beyond it.

Terry Sarten is a Wanganui writer, musician and social worker currently at large in Sydney - feedback: tgs@inspire.net.nz