British public call for obesity discrimination law

77% of British people want it to be illegal to discriminate against obese people in the workplace, provided they are able to carry out important elements of the job, according to new research published by law firm Vizards Wyeth today.

This news follows on from recent changes in the law after a House of Lords ruling which could make it easier for employees to bring claims of harassment in the workplace on grounds of weight, if as a result of inappropriate comments and/or conduct they were to suffer distress or anxiety. It is estimated there are over 9 million obese adults in the UK.

The research, which has been issued on the eve of National Obesity Week (11-17 March 2007), also shows that suspicions run high over bossesí intentions when they ask for a photograph to be sent with job applications. 40% of people believe that employers do this to give preference to better looking people, with a further quarter (25%) believing that it is to block applications from certain races. This contrasts with 46% who believe a photograph with a job description is necessary for security ID or administrative purposes when they arrive for an interview. Overall, 71% of people feel the request is to enable some form of discrimination.

Depending on the job, the British public believes that obese people may not be able to carry out some jobs as effectively as someone of normal weight. Although there is no hard and fast rule with this, if applicants are truly obese then there can be circumstances where they would not be fit enough to perform the role and could put themselves and their colleagues at risk.

Susanna Gilmartin, a Partner in Vizards Wyethís Employment Practice, said: ìIn circumstances where for example a fire-fighter, security or police job may require considerable physical fitness, it would be perfectly acceptable for an employer to require a certain level of physical and medical fitness. However provided an obese person met the fitness and or medical criteria then they should not be excluded from such roles. To exclude someone out of hand may be give rise to a claim. As there is currently no specific discriminatory legislation to protect obese people the only way a person can have a right of action would be to claim constructive dismissal, bring a claim under the Protection from Harassment Act 1997 or seek to show that the reason they are overweight is due to a condition which is classed as a disability under the existing disability discrimination legislationî.

There was a boost for the campaign against size zero catwalk models: over a third (38%) of all British adults believe that an obese model can do that job just as well as a skinnier counterpart. However 92% believe that an obese fire-fighter or soldier could NOT do the job just as well as someone of normal weight for their height. And size does matter if youíre 33,000 feet up in the sky, with nearly four-out-of-five (79%) of adults believing that an obese air steward/hostess would not carry out their job as effectively as someone of normal weight.

Other highlights of research include:

- One-in-five people (28%) would have confidence in taking advice on health and dietary matters from an obese fitness instructor. 73% would have less or no confidence;

- About half of the population (55%) would be happy to take advice on health and dietary matters from an obese GP;

- The number considerably drops to just one in four (27%) for an obese Health Minister. (66% would not have confidence);

- 86% of the British public believe an obese policeman/woman would NOT be able to do their job as well as a colleague who is of normal weight;

- 52% believe that an obese health club receptionist can carry out this job as effectively as someone who isnít obese.

Susanna Gilmartin, adds:

ìWhilst I do not expect to see any obesity legislation proposed in the foreseeable future, case law is expanding that way and employers could nonetheless find themselves faced with claims from aggrieved obese employees.

ìIn the US, there have been a number of successful obese claimants and the numbers there and subsequently here are expected to rise as more employees become aware of their ërightsí.

ìI would advise employers to ensure that they are alive to this matter, that they deal with complaints quickly and appropriately, that each situation is looked at individually and that where specific fitness levels or physical requirements are needed for a job that these are clear, necessary and relevant.î