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Dear Listers, I think it would need to go a bit further and cause SUBSTANTIAL impairment of Daily Living Activities. Remember also that the effect of medical treatment (unless curative) must be discounted. You may wish to look at analagous cases (on mental health) : EAT Goodwin vs.Patent Office (57/98) (discount effects of medical treatment in schizophrenic) Jones vs Selcare Trust 1998 (depression is disability) Cassidy vs The Benefits Agency 1998 (depression is not disability) There is also the question of whether it is a PROGRESSIVE disease, and therefore is covered when there is SOME and not substantial effect : Hopkins vs ERF Manchester Ltd. 1998 (Rheumatoid Arthritis) This is definitely one to go get some advice from the Lawyers. Remember that Safety considerations always overide DDA : Toffel vs London Underground 1997 (depression) Dr Geoff Helliwell MB ChB CIH FFOM MIOSH Medical Director WellWork Ltd. UK -----Original Message----- From: [log in to unmask] [mailto:[log in to unmask]]On Behalf Of Stewart Lloyd Sent: 05 April 2000 16:24 To: Isabel Cameron; occ-health Subject: Re: Disability Discrimination Act and obesity Obviously this would have to be determined by a tribunal, but my interpretation of this subject is that obesity itself would not be considered a disability but once it started to cause health problems that would be defined as such under the Act (the obvious ones are arthritis, back problems, cardio-respiratory disease etc. etc. and I am sure list members would be able to think of myriads more - possibly psychological as well?) then the person would be considered disabled. I am not aware myself of any tribunal decisions in this area but, if you were to cross-post your query to occenvmed, there would probably be someone there who would know, or possibly direct your question at an employment lawyer (if you can find one who will give out info for free!!). Please let the list know the results of your search! Dr Stewart Lloyd, Independent Consultant, Yorkshire. www.caritas.co.uk