All About That Bass’? Is non‐ideal‐weight discrimination unlawful in the UK
Bibliographic Data
| ID | 9197283 |
|---|---|
| Authors | Tamara Hervey (0000-0002-8310-9022, Université Jean Monnet), Philip Rostant (Employment Agency) |
| Year | 2016 |
| Volume | 79 |
| Issue | 2 |
| Pages | 248-282 |
| Publication date | 2016-03-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1468-2230.12179 |
| OpenAlex | W2292158512 |
| Language | EN |
| Citations received | 2 |
People of non‐ideal‐weight (overweight or severely underweight) are subjected to discrimination, in the workplace and elsewhere, based on attitudinal assumptions and negative inferences from their membership of a group, such as that they are insufficiently self‐motivated to make good employees. But is that discrimination unlawful in the UK? The Equality Act 2010 offers only a very tenuous route for protection, because the Act is based largely on a ‘medical model’ of disability. EU law, which embraces a ‘social model’ of disability, drawing from the UN Convention on the Rights of Persons with Disabilities, offers more, at least in theory. But the mechanisms for enforcing individual EU law rights mean that entitlements in EU law are likely to be enforceable in practice only against state employers. This situation leaves a gap in the law which is remediable only by legislative reform
Convention · Ideal (ethics) · Law and economics · Legislature · Obesity · Overweight · Political science · Sociology · State (computer science) · Underweight · Discrimination and Equality Law · Law · Medicine · Obesity and Health Practices
| Citations per year | 0.33 |
|---|---|
| Citation span | 2020 - 2022 (3) |
| Highly cited | No |