Obesity: A Protected Class?
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No, being obese is a choice ( in most cases). Thats not what a protective class is supposed to be for.
Then religious groups certainly shouldn't be either, but they are and have been for decades. Gay people aren't a protected class (Federally in the US) but Christians, Sikhs, Hindus, and even exploitative cults are! So clearly, whether or not belonging to a 'class' of people is a choice has nothing to do with its protected status.
I don't believe it should, either. Any time you treat someone less favourably for a reason that can't be rationally justified, there's a problem, whether they've chosen that status or not. In the case of over-fat people (I put myself in this category despite my low BMI, I'm skinny fat) it depends upon the situation: in some circumstances it is logically justifiable, if unfortunate, to deny somebody a particular service because of their size, health etc. In other circumstances, their size or health will have nothing to do with it.0 -
I'm obese. I'm working to not be. Even at my fitness goal calculators will likely tell me that I'm overweight even though my goal is 12% body fat. I have a friend who can bench 800 pounds and has 4% bf. He would be considered obese based on weight. The calculators are wrong.
I don't want to be protected. I know what I did to get where I started this journey. I know what I have to do to keep going down the road. Not everyone can honestly say they got here because of a medical condition. I know I can't. I was not depressed, it wasn't a hormonal problem, it was me not doing what I should have been doing. Some people can honestly say this is what brought me here, medically or psychologically.
Oh and Save the Whales guy, I've never been on EBT. The government has never subsidized my weight gain, I paid for it all myself. If you're bothered by me on the plane you can get up and move. I keep myself to the seat I'm in and wouldn't want to sit next to you either. You've obviously never struggled with your weight to even say that.0 -
No, being obese is a choice ( in most cases). Thats not what a protective class is supposed to be for.
Then religious groups certainly shouldn't be either, but they are and have been for decades. Gay people aren't a protected class (Federally in the US) but Christians, Sikhs, Hindus, and even exploitative cults are! So clearly, whether or not a status is a choice has nothing to do with its protected status.
I don't believe it should, either. Any time you treat someone less favourably for a reason that can't be rationally justified, there's a problem, whether they've chosen that status or not. In the case of over-fat people (I put myself in this category despite my low BMI, I'm skinny fat) it depends upon the situation: in some circumstances it is logically justifiable, if unfortunate, to deny somebody a particular service because of their size, health etc. In other circumstances, their size or health will have nothing to do with it.
The discussion was about what should be recognized as a disability under the ADA. Race, sexual orientation, and religion are all protected under the Civil Rights Act of 1964. Google it.0 -
As with everything else, instead of helping, the government simply enables unhealthy behavior... I do recognize there are plenty who really need the assistance but it isn't always them who reap the benefits of it all...0
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Then religious groups certainly shouldn't be either, but they are and have been for decadess. Gay people aren't a protected class (Federally in the US) but Christians, Sikhs, Hindus, and even dangerous cults are! So clearly, whether or not a status is a choice has nothing to do with its protected status.
Sexual orientation and religion are both protected under the Civil Rights Act, not the ADA, but you do make a valid point. However, as the OP pointed out, with obesity on the rise can it still be a protected class. The creation of the Civil Rights Act and the ADA were created to avoid oppression of minority groups. If most of the general population is obese, then the propensity to be discriminated against diminishes.
I'm not an American citizen, but as far as I can tell, sexual orientation and gender identity were being discussed as possible additions to the Civil Rights Act as late as 2011, and I can't find any article online indicating that it's happened yet.
If you can prove me wrong please do, but I think you'll find that LGBT discrimination of all kinds, housing, employment etc., is completely ignored by Federal law, while religious discrimination has been illegal over the whole country for decades.
As for my views about whether obesity should be included, see my edited post above.
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Since I work in H.R., I have to deal with various cases dealing with discrimination, harrassment, violence in the workplace, etc.... Historically, courts had found that obesity is a disability under the Americans with Disabilities Act (ADA) only when it has a physiological cause. However, recently the court has ruled otherwise and Michigan, San Francisco and Washington, D.C. have laws that expressly make weight a protected class like women and minorities are.
With the growing obesity epidemic in the U.S. (more than one-third of the U.S. adults approx. 35.7% and approx. 17% of children and adolescents) and those numbers expected to rise, do you think it is fair to place them in a protected class? I personally think that obesity is something most, not all, people can change. You can't change that you were born a female or that you are Black, Hispanic, etc... or that you are blind, have cerebral palsy....I think you get my point.
Disclaimer: I am not in any way criticizing obese people. I believe in health and wellness and there are too many facts and research to share on here to support my belief.
I don't believe that we should think of people in terms of groups at all. That's how racism gets started in the first place. No group of people ought to be plucked from the population and told they are "more special" than some other group of people.
Everyone should be treated the same under the law. Each of us, as individuals, are born with inalienable rights that government should be protecting. When they start putting us in groups, then we can no longer be called equals.
In other words, our rights don't come from the fact that we share some trait with others. They come from the fact that we are human beings!
Ah! That is not as easy as it sounds either. The law can treat people equally, but in order for laws to be enforced, discrimination has to be identified. Discrimination cannot be identified without recognizing that people belong to certain groups. In other words, you can't stop people from discriminating by ignoring people's differences.
You can't stop people from discriminating at all. Writing a law doesn't change that some people are *kitten*. Please don't put me in a group. I'm just Wendy, born with inalienable rights of life, liberty, and pursuit of happiness.0 -
While I'm not sure that I feel it is appropriate to place them in an official "protected class," as you are right, MOST people can change their situation, BUT...I am having a hard time thinking of another way to prevent obese people from being discriminated against, because I definitely feel that this should not be able to happen in any official capacity (jobs, access to places, etc.).
We shouldn't need to create rules to not discriminate against people...wtf are we 3 years old?!0 -
You think sexual orientation was covered by the Civil Rights Act of 1964!?The discussion was about what should be recognized as a disability under the ADA. Race, sexual orientation, and religion are all protected under the Civil Rights Act of 1964. Google it.
It's one thing to falsely assume that sexual orientation is included in CURRENT federal legislation (it was only included in HATE CRIME legislation in 2009, let alone anything else) , but you actually think that in 1964, sexual orientation had protected status? Just two years previously, homosexual sex was punishable in every state with long imprisonment and hard labour!0 -
While I'm not sure that I feel it is appropriate to place them in an official "protected class," as you are right, MOST people can change their situation, BUT...I am having a hard time thinking of another way to prevent obese people from being discriminated against, because I definitely feel that this should not be able to happen in any official capacity (jobs, access to places, etc.).
We shouldn't need to create rules to not discriminate against people...wtf are we 3 years old?!
Unfortunately, too many adults act like they are 3 years old.
Discrimination is around us and its a fact. People don't currently discriminate against tall people as someone suggested we protect them. That isn't predominant in our society at the moment, but it could be, someday.
Discrimination has been at the root of World Wars (think Hitler and his nazi army discriminating against Jews).
This is why we need to protect certain parts of our society whether they are born that way or not.0 -
While I'm not sure that I feel it is appropriate to place them in an official "protected class," as you are right, MOST people can change their situation, BUT...I am having a hard time thinking of another way to prevent obese people from being discriminated against, because I definitely feel that this should not be able to happen in any official capacity (jobs, access to places, etc.).
We shouldn't need to create rules to not discriminate against people...wtf are we 3 years old?!
Well, it seems like a lot of people are stuck at that age, unfortunately.
It would be nice if people could just grow up and be kind and worry about their own lives. 0 -
You think sexual orientation was covered by the Civil Rights Act of 1964!?The discussion was about what should be recognized as a disability under the ADA. Race, sexual orientation, and religion are all protected under the Civil Rights Act of 1964. Google it.
It's one thing to falsely assume that sexual orientation is included in CURRENT federal legislation (it was only included in HATE CRIME legislation in 2009, let alone anything else) , but you actually think that in 1964, sexual orientation had protected status? Just two years previously, homosexual sex was punishable in every state with long imprisonment and hard labour!
It may not have, but it has been amended since then. Here... LMGTFY!
http://en.wikipedia.org/wiki/Employment_Non-Discrimination_Act
http://www.rbslaw.com/online_library_details.asp?id=76While an equal protection claim can only be brought against a government agency, such as a school board, and not a private employer, the court’s analysis essentially mirrored the analysis used in discrimination actions against private employers under the rubric of Title VII of the Civil Rights Act of 1964.0 -
I have quite a few family members that are obese and no I don't agree that they should be in a protected class.0
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Save The Whales!!!!!!! Just another sub group of lazy Americans. I am sick of all these special groups seeking special privileges or dispensation at the expense of the rest of us. If there is a problem, never fear....the general government will make it right. NOT! They will just make it worse. I would bet you a majority of these fat-*kitten* are buying their food with their government issued EBT card. Ever been on a plane next to one of these people? Keep your fat in your seat please and don't let it ooze over on me. Better yet, buy the whole row. Sorry to be mean or insensitive but when is it going to stop??
The "Save The Whales!!!!!!! " comment was just not necessary.A simple grown up "No." would have sufficed.Although I agree our government is broken, it is people like you that make our country look and sound ignorant which only fuels the social stigma that is linked to Americans. Thanks you jerk...that on the other hand was a comment that was necessary.
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Do they protect anorexic people? If not, then no weight class should be protected.0
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While I'm not sure that I feel it is appropriate to place them in an official "protected class," as you are right, MOST people can change their situation, BUT...I am having a hard time thinking of another way to prevent obese people from being discriminated against, because I definitely feel that this should not be able to happen in any official capacity (jobs, access to places, etc.).
We shouldn't need to create rules to not discriminate against people...wtf are we 3 years old?!
Unfortunately, too many adults act like they are 3 years old.
Discrimination is around us and its a fact. People don't currently discriminate against tall people as someone suggested we protect them. That isn't predominant in our society at the moment, but it could be, someday.
Discrimination has been at the root of World Wars (think Hitler and his nazi army discriminating against Jews).
This is why we need to protect certain parts of our society whether they are born that way or not.
I just think if there are people that need to be told, then telling them probably won't make any difference.0 -
Since I work in H.R., I have to deal with various cases dealing with discrimination, harrassment, violence in the workplace, etc.... Historically, courts had found that obesity is a disability under the Americans with Disabilities Act (ADA) only when it has a physiological cause. However, recently the court has ruled otherwise and Michigan, San Francisco and Washington, D.C. have laws that expressly make weight a protected class like women and minorities are.
With the growing obesity epidemic in the U.S. (more than one-third of the U.S. adults approx. 35.7% and approx. 17% of children and adolescents) and those numbers expected to rise, do you think it is fair to place them in a protected class? I personally think that obesity is something most, not all, people can change. You can't change that you were born a female or that you are Black, Hispanic, etc... or that you are blind, have cerebral palsy....I think you get my point.
Disclaimer: I am not in any way criticizing obese people. I believe in health and wellness and there are too many facts and research to share on here to support my belief.
I don't believe that we should think of people in terms of groups at all. That's how racism gets started in the first place. No group of people ought to be plucked from the population and told they are "more special" than some other group of people.
Everyone should be treated the same under the law. Each of us, as individuals, are born with inalienable rights that government should be protecting. When they start putting us in groups, then we can no longer be called equals.
In other words, our rights don't come from the fact that we share some trait with others. They come from the fact that we are human beings!
Ah! That is not as easy as it sounds either. The law can treat people equally, but in order for laws to be enforced, discrimination has to be identified. Discrimination cannot be identified without recognizing that people belong to certain groups. In other words, you can't stop people from discriminating by ignoring people's differences.
You can't stop people from discriminating at all. Writing a law doesn't change that some people are *kitten*. Please don't put me in a group. I'm just Wendy, born with inalienable rights of life, liberty, and pursuit of happiness.
You can't stop it, but the law makes justification for it. Are you suggesting that the federal government allow people to discriminate wherever they choose? If that were the case, then you could be fired for going on maternity leave and would not have the power to do anything about it. Just Wendy is a woman, but the government can't stop her employer from discriminating against her so guess what... just wendy is just screwed!0 -
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Save The Whales!!!!!!! Just another sub group of lazy Americans. I am sick of all these special groups seeking special privileges or dispensation at the expense of the rest of us. If there is a problem, never fear....the general government will make it right. NOT! They will just make it worse. I would bet you a majority of these fat-*kitten* are buying their food with their government issued EBT card. Ever been on a plane next to one of these people? Keep your fat in your seat please and don't let it ooze over on me. Better yet, buy the whole row. Sorry to be mean or insensitive but when is it going to stop??
I spy a white, overprivileged male.0 -
It may not have, but it has been amended since then. Here... LMGTFY!
http://en.wikipedia.org/wiki/Employment_Non-Discrimination_Act
http://www.rbslaw.com/online_library_details.asp?id=76While an equal protection claim can only be brought against a government agency, such as a school board, and not a private employer, the court’s analysis essentially mirrored the analysis used in discrimination actions against private employers under the rubric of Title VII of the Civil Rights Act of 1964.
Those are not new incarnations of the Civil Rights Act, and they're MUCH weaker. They do not come close to the legal protection provided for people based on race, disability, religion, or gender.
I've bolded the above. Because LGBT people are not protected classes in the US, the only times it is illegal to discriminate against them as an employer or service provider is if you act on behalf of the government or if you live in one of the states that have their own legislation against it.
In most of the country, if you're a private business, landlord, school, hospital, even HOMELESS SHELTER, you can demean and discriminate against them as much as you want with impunity.
Whereas, someone chooses to wear an item of religious clothing that breaches the dress code at work, and they get to sue for discrimination, even though that clearly IS a choice and a very changeable one.0 -
Honestly, I have mixed feelings about this.
Do I think that a fat person should be discriminated against simply because they are fat? No.
I somewhat agree here, but I would say that there needs to be exceptions to jobs where physical labor is required. The person should be able to do the job at hand. If they can't because they are obese, then that's on the employee not the employer.But should they get government assistance if their obesity limits their ability to work, etc?...This is where the mixed feelings come in. It's not cut and dried for me and I just don't know how to break it down realistically.
I don't buy that the majority of us are obese because of a medical disability, so I don't support any disability benefits for non-medically induced obesity. Now, if you can show that the person has a legitimate medical cause for weight gain that leads to disability, then I might consider it, but only if they are also making steps to improve their lifestyle (monitoring caloric intake, adding physical activity, etc.).And to the save the whales guy... trust me, we don't want you touching us either.
I must have missed this one....0
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