The Washington (US) Supreme Court has ruled that US employers cannot refuse to hire a skilled worker just because he is obese. The American Obesity Action Coalition (OAC) reported the latest court ruling that brings the US closer to recognizing obesity discrimination as illegal.
In 2007 BNSF Railay offered Casey Taylor a job as a technician. The condition for starting work was a successful medical examination. On the day Taylor applied for the job, he weighed 250 pounds (approximately 113 kg). During the examination, it turned out that he weighs 256 pounds (about 116 kg), and his BMI (body mass index) is 41. Since Mr. Taylor's BMI was higher than 40, the company requested additional medical examinations from him to assess whether he actually may commence work in a designated position. It turned out, however, that these additional tests must be performed by Mr. Taylor at his own expense. As he could not afford them and could not make them - BNSF Railay resigned from his employment.
Casey Taylor took the would-be employer to court. In a ruling issued on July 11, 2022, the Washington State Supreme Court ruled that the employer had no right to deny Taylor employment. In the justification of the judgment, the court emphasized that modern medicine recognizes obesity as a disease. In ruling in favor of Taylor, a Washington tribunal ruled that discrimination against a worker on the basis of obesity was illegal.
- Medical research has proven obesity to be a complex, chronic disease. Obesity is not a matter of a personal choice that can be freely changed. We are glad that our legal system respects current medical research - commented Joe Nadglowski, President and CEO of OAC.
The Washington State Court ruling is a great victory, but the OAC recognizes that much is needed to enforce the prohibition of discrimination on the basis of weight. What happened to Taylor is unfortunately legal in most US states. Currently, only Michigan and, as of July, Washington are the only states that protect an obese person from employer discrimination.
OAC, like many obesity patient organizations around the world (Poland: FundacjaObesity Patients (OD-WEIGHT) carry out ongoing activities to raise public awareness of the fact that obesity is a complex chronic disease. All organizations emphasize that it is unethical and illegal to blame someone for excessive body weight. Instead of 'pointing fingers', obese people should have access to reliable treatment and care and be treated with respect.
Based on: www.obesityaction.org
ImportantPoradnikzdrowie.pl supports safe treatment and a dignified life of people suffering from obesity.
This article does not contain discriminatory and stigmatizing content for people suffering from obesity.
Magdalena Gajda A specialist in obesity disease and obesity discrimination of people with diseases. President of the OD-WAGA Foundation of People with Obesity, Social Ombudsman for the Rights of People with Obesity in Poland and a representative of Poland in the European Coalition for People Living with Obesity. By profession - a journalist specializing in he alth issues, as well as a PR, social communication, storytelling and CSR specialist. Privately - obesity since childhood, after bariatric surgery in 2010. Starting weight - 136 kg, current weight - 78 kg.