Millions of Americans have a body-mass index (BMI) of at least 30—which means that they are considered obese. In fact, more than 35% the nation’s adults fall into this category. Those statistics point to a major health problem in this country, but our obesity epidemic has also become a contentious battleground involving disability claims and discrimination.
Obesity and disability benefits
One of the biggest employment issues surrounding obesity concerns the Social Security Disability (SSD) program. Research shows that obesity can lead to very real health problems. But while obesity can definitely make it difficult for employees to perform certain tasks, having a BMI greater than 30 does not, in and of itself, qualify a person for SSD benefits.
However, when their obesity contributes to cardiovascular disease or diabetes, workers can be eligible for SSD benefits. In such cases, applicants must document that they are unable to work due to impairments or great pain or fatigue. But what if you’re so overweight that you have trouble doing a job simply because of your size? Limited mobility, defined as having great difficulty walking or moving, is also considered an impairment for SSD purposes.
You can apply for disability benefits directly through the Social Security Administration. Don’t be discouraged if your claim is initially denied–nearly 70% of all initial claims are turned down. If that fate befalls your claim, you will want to work through the appeal process with a lawyer to get the benefits you are seeking.
Discrimination in the workplace
If you’re obese, you’ve probably heard more than your share of fat jokes. Overweight people are frequently mocked and belittled in our society, but this is no laughing matter in the workplace. A study at Yale found that obese people are less likely to be hired or promoted, and that they earn three to six percent less than their thinner counterparts. The study also documented a 66% increase in job discrimination based on weight over the last 20 years, concluding that workers are more likely to experience bias based on weight than on ethnicity, physical disability, or sexual identity.
While there is no doubt that workers are judged and treated differently due to their weight, does such bias violate laws against discrimination in employment? Unfortunately, in most of the country the answer is no. There is no federal law that defines obesity (or overweight) as a protected class for job, education, or housing discrimination. Michigan is the only state whose laws prohibit discrimination based on person’s weight.
Discrimination in the doctor’s office
Obesity discrimination doesn’t happen just in the workplace. Some physicians have begun to refuse to accept obese patients, and others treat larger patients differently. According to the National Association for the Advancement of Fat Acceptance (NAAFA), one in three doctors say they react negatively to obesity. Thirty-one percent of nurses say they would rather not care for obese patients, and 69% of obese women report experiencing bias from doctors. Here, too, there are no laws against this discrimination.
Discrimination in the air
A furor recently erupted when this piece about being an overweight person on an airplane flight was published. This wasn’t the first time obesity and flying had been publicly addressed. Director Kevin Smith was removed from a Southwest Airlines plane when the flight attendants decided he was too fat for the seat. Most U.S. airlines have a policy regarding “larger passengers,” which states that if you don’t fit into the seat you need to pay for an extra one or upgrade to business or first class. This is ironic, since airline seats have shrunk considerably over recent decades. Contrast this to the policy in Canada, where the airline must provide an additional seat for free if needed.
And so, to summarize: as an “oversized” American, you can be legally subjected to discrimination at work, in the examining room, or on an airplane. With one out of three American adults dealing with obesity, the debate over regulations and rights is only going to get louder.
