(TX) Victoria Hospital Won't Hire Very Obese Workers

[Coyote_Bandit]

21. Ummmm......No

We are talking about discrimination in employment based on APPEARANCE.

OP states (emphasis added):
“should fit with a representational image or specific mental projection of the job of a healthcare professional,” including an appearance “free from distraction”

Weight is a poor measure of fitness and physical abilities. But it is a damn popular stereotype to assume fat people are unfit and those of a more ideal weight are fit. That's not necessarily true on either account.

There are four accepted components of fitness assessment:
(1) Aerobic fitness;
(2) Muscular strength and endurance
(3) Flexibility and
(4) Body composition

http://www.adultfitnesstest.org/

There are a number of ways to measure a particular individual's body composition. Hydrostatic weighing. Skinfold measurements. Bioelectric impedence. And others.

Nobody in this particular clinic seems to be talking about assessing fitness or ability to perform physical tasks. They are talking about discriminating in emplooyment based on the single factor of weight as it impacts appearance.

While weight and height are relevant factors in determining body composition, taken together they are a poor measure of body composition. Why? Because the weight measure by itself is incapable of distinguishing what portion of the body is composed of lean body mass. http://www.topendsports.com/testing/tests/mass.htm

And body composition is but one of four measures of physical fitness.

This is discrimination based on appearance rather than a condition of employment based on ability to perform certain physical tasks.




As you suggest, there certainly are many ways (and many reasons) for employers to foster better health among their employees. It is admirable of employers to make such efforts.

But that begs the question of whether it is also permissible for employers to discriminate in emloyment based on lifestyle issues. And make no mistake, lifestyle issues include far more than being fat. It also includes choices regarding alcohol consumption, driving habits, sexual conduct, and recreational activities among many other things. If one finds it acceptable to refuse employment to obese folks then, by logical extension, one should also find it permissible to refuse employment to those fit thrill seekers who engage in high risk recreational activities.




IMHO, employers ought not concern themselves with the legal behaviors and choices of their employees. Such intrusions burden individual freedoms and liberties. Any such intrusion ought to be well defined, ought to have a clear and direct impact on the employees ability to perform the duties of his job, ought to be communicated clearly to employees/prospective employees and ought to be accompanied by compensation for the employee contracting to forego otherwise legal conduct.