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EU's Top Court May Define Obesity As a Disability

mrspoonsi (2955715) writes The EU's top court is considering a test case which could oblige employers to treat obesity as a disability. Denmark has asked the European Court of Justice to rule on the case of a male childminder who says he was sacked for being too fat. The court's final ruling will be binding across the EU. It is seen as especially significant because of rising obesity levels in Europe and elsewhere, including the US. If the judges decide it is a disability then employers could face new obligations. Employers might in future have a duty to create reserved car parking spaces for obese staff, or adjust the office furniture for them, she said.

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  1. Thyroid problem by Anonymous Coward · · Score: 5, Insightful

    The number of medical problems that actually cause obesity is very, very small.
    The primary cause in 99.99% of cases is a higher intake of calories than output of calories as activity.
    MD anonymous coward here, and sorry, that is how it is.

    1. Re:Thyroid problem by AthanasiusKircher · · Score: 5, Insightful

      You are technically right, the worst kind of being right. You are completely neglecting the multitude of e.g. psychological issues that cause people to eat so much they become morbidly obese.

      THIS.

      Seriously -- let's assume the AC (claiming to be MD) is right. Increasing rates of obesity have been called one of the biggest threats to health, one of the most dangerous trends, an "epidemic" that can ruin the lives of millions of billions of people.

      And the AC notes -- well, they're doing it to themselves. There's no simple physical explanation (like thyroid dysfunction or whatever).

      Okay -- then what? Let's think about this.

      A patient comes into a doctor's office and shows evidence that she has been cutting herself. It has gotten to the point that it is causing complications (infections, etc.), not to mention a sign of mental problems. The doctor's response is: "Well, everything's pretty good, but you should lay off the cutting before your next physical. Have a great day!"

      Another patient comes in showing evidence he has been bashing his head into the wall. It may have caused some concussions and there is a potential for long-term brain damage. The doctor's response is: "Well, keep doing what you're doing, but you really shouldn't bash your head so much. See you next year!"

      Do these scenarios sound preposterous to you? Both patients come to a doctor exhibiting a behavior that the doctor has determined to be self-inflicted injurious behavior, which can have long-term negative consequences for their health -- and the best response the doctor has is: "Stop doing it so much"?

      But that's precisely how doctors treat most obese patients. (Which isn't surprising, given that many have a serious bias against them, and other studies have shown that they tend not to trust obese patients or assume they can't follow directions or treatments.)

      An obese patient comes in, exhibiting pre-diabetic symptoms, and perhaps other health problems. And the typical response is simply: "Try eating healthier. And exercise a little more. See you next year!"

      If the AC is really a doctor, it's indicative of a truly sad perspective in the medical profession. If the AC truly believes that most patients' obesity is under their control (and not a physical deficit), but they are continuing to harm themselves actively on a long-term basis -- consistent with the characterization of obesity as a severe threat to good health -- the AC has a medical duty to at least try to probe a little deeper and discover whether there are other psychological problems or symptoms at work, or to refer the patient to someone who might be able to help.

      Having known a number of people who have struggled with weight issues due (in part) to depression, anxiety, stress, etc., it's often not as simple as just saying, "eat better!"

      If any other patients were displaying such self-destructive behavior with long-term health consequences, wouldn't doctors be more concerned?

  2. Re:on behalf of america by brainboyz · · Score: 5, Insightful

    One can hope that if this goes through they put the designated parking spots at the back of the parking lot.

  3. Re:Please make it a mental one by Moof123 · · Score: 5, Insightful

    How about we do something about it rather than blaming the ever increasing number of addicts?

    Let's start by ending subsidies for corn syrup. Maybe use those funds to subsidize fruits and veggies? I would welcome the day when it is cheaper to eat a salad than make a box of Mac&Cheese, or to have an apple cost less than a hershey bar. OJ cheaper than Coke?

    We have some really sick (in both senses) incentives that make it cheaper to eat delicious empty calories rather than healthy low calorie and high nutrient foods. Blaming folks who fall into this trap is cruel and unproductive.

  4. Re:Please make it a mental one by metlin · · Score: 5, Insightful

    I am tired of hearing this argument.

    Getting in shape is not rocket science - all it takes is motivation, and persistence.

    You think those of us who are fit enjoy eating salads? Do you really think I enjoy drinking water instead of soda? Or do you think we somehow magically like candy less than everyone else? We are still humans, and we crave the exact same things. A bag of Doritos and some beer look just as tempting to us as they look to you.

    Getting in shape is almost entirely about dietary control. You even see it in the article, where the guy says that his company got him a gym membership. No, the solution is not a gym membership -- it is good diet.

    And at the end of the day, diet is much easier than working out.

    There is a reason people say that six pack abs are made in the kitchen. Every time I've had a six pack, it's been entirely because my diet has been in check. And when overeat, it doesn't matter how much or how hard I work out -- you cannot outrun a shitty diet.

    Besides,someone who eats healthy and does not work out is often in better shape than someone who eats junk and "works out" for half hour a day. Most of those people just use their momentum to do some crazy exercises with piss poor forms, and eat unhealthy crap afterwards because they've worked out (think middle aged man with flabby biceps and a beer gut trying to bench press, when he probably has 50% body fat).

    The solution to getting in shape is fairly simple. As long as you're in a caloric deficit, get enough protein (~1g/lb of lean body mass), and engage your muscles (I prefer to lift + rock climb + row), then you will shed the fat.

    At the end of the day, it comes down to simple math. You just need to burn more than you eat. And often, it's just a lot easier to not eat that bag of chips or only eat a salad for lunch and dinner than, say, run it off.

    For instance, a bag of Lays kettle chips is ~200 calories and a regular size chocolate chip cookie is ~180 calories. A bowl of Cap'n Crunch with skim milk? 300 calories. Add some sugar to that, and just having these will put you over 600 calories. That's ONE hour of running at 6mph.

    Instead, you can have some egg whites and oatmeal for lunch, two salads, and perhaps some baked lean meat or seafood for lunch and save yourself a whole lot of calories.

    This whole culture of saying that something is too difficult because it's an addition is nonsense. Whatever happened good old fashioned responsibility and personal accountability?

  5. Re: This reminds me of a great Simpsons episode by Stellian · · Score: 5, Informative

    Yet, the vast majority of obese people have perfectly working thyroids. This is not about recognizing that some medical conditions can derail your metabolism, which I believe no one is arguing, and should be covered by existing disability laws.

    This is about treating all obese people, the vast majority of which are so because of their own choices, as disabled. Inability to control your own actions becomes a valid form of disability. It's a slippery slope because it legitimizes self harm and forces society to take responsibility. If obesity is a form of disability, so is tobacco or gaming dependence. And if treating obesity is not about making people eat less, then clearly treating dependence is not about smoking or gambling, we as a society should hold together and provide comfort: smoking places and breaks, subsidies for food when all the person's paycheck is lost in the casino, job protection when the addiction interferes with work performance, free medical coverage for resulting problems etc.

    BTW, I write the above as a 220 pound man, who use to be as large as 260 pounds, and knows full well how hard it is for an obese person to control her appetite and weigh. But I fully understand it's MY body and MY choices, I'm fat because I love food, it's one of the great pleasures of my life and I wouldn't dream to blame nature or society for my fate.

  6. Re: on behalf of america by Erikderzweite · · Score: 5, Insightful

    >America went in to stop some serious badness happening
    Oh yes, those imaginary WMDs would do some real damage. Thank God the US was there to save the day.

  7. Political Correctness gone fucking MAD by Anonymous Coward · · Score: 5, Insightful

    Why would any employer refuse to hire obese workers as long as they can pull their own weight, so to speak ?

    If obesity is treated as an disability, then stupidity would be not that far off

    And when stupidity is treated as an disability, then employers are forced to hire people no matter how fucking stupid they are !

    Just how far are we going to allow this political correctness madness to spread ?