Addressing obesity in the workplace : the role of employers

Abstract

Obesity is a prevalent social matter in modern day society which open doors for discrimination in the workplace. South African employers should be aware of the possible risks and consequences they face when dealing with obesity in the workplace. Obesity is therefore a topic that will become a pressing issue in the South African workplaces soon and it is important to take note of international developments in this regard. The Court of Justice of the European Union found on 19 December 2014 that morbid obesity may in certain instances be considered a disability under the European Union Equal treatment in Employment Directive if an employee is prevented from full participation in employment due to the employee’s weight. With relatively new anti- discrimination laws in South Africa, the law has not developed to such an extent as to give clarity with regards to discrimination on the grounds of obesity as an arbitrary ground for unfair dismissal. The legal position with regards to inherent requirements of a job and whether obesity may be deemed to be a disability in South Africa must be investigated to decide what role employers should play and employers should deal with the occurrence of obesity in the workplace. In this dissertation, International standards, the current discrimination laws in South Africa and abroad will be investigated with the aim to establish guidelines for employers when obesity becomes a concern in the workplace.