Case Study: Healthism Discrimination and the Law
Susan J. applied for a position as a registered nurse at County Memorial Hospital. She had generated an impressive record during her training, possessed good references from prior employer, and interviewed well. Susan was visually morbidly obese. Helen Harding, director of nursing at County Memorial, estimated her weight to exceed 300 pounds. An ideal weight for her five-foot, five-inch body was 125 to 130 pounds. A reasonable weight range for someone of that height was 120 to 140 pounds. After the interview, Helen extended a tentative offer of employment to Susan. The offer was contingent on passing the hospital’s pre-employment physical examination.
The County Memorial employee health physician examined Susan but declined to approve her for employment, unless she could first achieve a “safer” weight; in her case less than 275 pounds. Susan failed to get the job because of her overweight condition. She then filed a complaint with the State Division of Human Rights charging discrimination based on disability, citing Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. She claimed that her only responsibility was to demonstrate that she was capable of doing the job, and that in spite of her physical handicap she could still adequately perform all required duties of the job. Her obesity, she claimed, was due to a medical condition over which she had no control.
County Memorial moved for dismissal of the complaint on three grounds. First, it argued that obesity was not a true physical impairment under the law. Second, it claimed that Susan’s condition resulted from her own voluntary actions. Finally, the hospital claimed that she could reduce and control her weight if she so chose.
Review and reflect on the provided resources and your course textbook. Particularly reflect on “healthism” and the law of employment discrimination.
Initial Prompts:
How might the foregoing situation be resolved?
Is obesity, or being overweight, truly a disability, or will a different argument prevail? Reflect on the definition of disability by the ADA and the U.S. EEO Commission
Should employees be protected from “weight” or “healthism” discrimination (e.g. smoking, blood pressure, cholesterol, compromised health, or other health-related condition)? Why or why not? Further, examine and discuss trait-based versus conduct-based healthism and how these are addressed in antidiscrimination laws. Present a compelling evidence-based argument.
Initial post due by Wednesday, 11:59 p.m. ET.
Response post due by Sunday, 11:59 p.m. ET.
To review the discussion board rubric please refer to the syllabus
Discussion Resources
Flint, S. W., et al. (2016). Obesity discrimination in the recruitment process: “You’re Not Hired!Preview the document” Frontiers in Psychology, (Links to an external site.) 7(647), 1-9.
Puhl, R. M., et al. (2015). Potential policies and laws to prohibit weight discrimination: Public views from 4 countries.Preview the document Milbank Quarterly, 93(4), 691-731.
Roberts, J. L. (2014). Healthism and the law of employment discrimination.Preview the document Iowa Law Review, 99, 571-635.
The U.S. Equal Employment Opportunity Commission. (2011). Questions and answers about health care workers and the Americans with Disabilities Act. (Links to an external site.)
