Experts Discuss Whether Obesity is a Disability

In a joint position statement, Obesity Care Continuum (OCC) partners agree with the premise behind a recent European Court of Justice ruling supporting disability protections for obesity under certain circumstances and call for these protections to be enacted in the United States. The EU decision that sparked the development of the new position relates to a case of a child-care worker who claimed he was fired from his job because of his weight.

"Although obesity may not always be a disability by itself, it can lead to health problems that constitute disability," The Obesity Society (TOS) and its OCC partners, including the Obesity Action Coalition (OAC), the Americans Society of Bariatric Physicians, the Academy of Nutrition and Dietetics and the American Society for Metabolic and Bariatric Surgery agree in the statement. "This recognition should help form the foundation for employers to offer considerations to employees affected by health disabilities due to obesity."

Research shows that obesity is a far more complex condition than relating to willpower or eating less and exercising more.

In most cases, obesity is chronic and challenging to treat and puts individuals at risk for more than 30 health conditions.

"The more we learn about obesity, the more we understand that acquiring obesity is not a personal choice, but a disease with serious health consequences," says Ted Kyle, RPh, TOS Advocacy Advisor and OAC Chairman speaking on behalf of the OCC. "Like many diseases, individual decisions alone are not the answer. Further, current weight-loss treatment options can help manage the condition, but do not cure it."

For next steps, the groups recommend federal and state policy measures to protect people with obesity from workplace discrimination and urge employers to recognize that while people with obesity are not inherently disabled, the disease can lead to disability.

"We appeal to employers to treat individuals with obesity with the same respect they would afford individuals with other diseases," said Kyle.

The Obesity Care Continuum (OCC) was established in 2011 and currently includes The Obesity Society, Obesity Action Coalition, Academy of Nutrition and Dietetics, the American Society for Metabolic and Bariatric Surgery, and the American Society of Bariatric Physicians. With a combined membership of more than 125,000 healthcare professionals, researchers, educators and patient advocates, the OCC is dedicated to promoting access to, and coverage of, the continuum of care surrounding the treatment of overweight and obesity. The OCC also challenges weight bias and stigma oriented policies - whenever and wherever they occur.