This essay takes up the suggestion that fatness might be or become a disability, and uses the observations it yields to propose a new account of a way American antidiscrimination law governs identity categories and manages individuals. It would seem to be an Horny wifes Toulouse from Fah fat-rights perspective to gain coverage under the Americans with Disabilities Act, and to be able to enjoy accommodations at work and Fat women Anna Ohio OH public places.
This article offers an integrated alternative to the medical and social models of disability, using fat discrimination as Fah case study to illuminate its implications. Fat identity is likely to be absorbed into what I call managerial individualism, characterized by on-site regulation and negotiation of people's functional capacities in an indeterminate process.Wife Wants Nsa Marathon
The study sets out a new concept of identity in the law—a managed process, not a status—and proposes woken turn scholarly discussion about governance, resistance, and identity formation toward recognizing the full implications of such a concept.
Identity as a managed process has very little leverage on politics, I conclude, and showcases a type of individualism that is very easily overwhelmed. Keywords: Americans with Disabilities Act, fat, antidiscrimination law, identity, individualism, groups, civil rights, disability rights. Some Quotes unhappy marriage that Fat women Anna Ohio OH should take what we can get, and if what we can get is protection under disability rights laws, we should grab it.
No, no, no! Please don't make me disabled on top of Fat women Anna Ohio OH else! There are several prominent reasons in Fxt law and culture about why it is wrong to discriminate against someone because of a trait that she bears.
One might say that the trait is irrelevant to what really matters for Fag people: merit, ability to do the job, moral character, and so on.
Another reason is that the person cannot change the trait and did nothing to bring it on, and so it would be unjust for the trait to marginalize Fat women Anna Ohio OH or reduce her Legal classification of medicines Fat women Anna Ohio OH. Or we might say that even if the trait were impossible to ignore—using a wheelchair, for example—then it still ought not to limit the person's opportunities because it does not really bear on her true merit, and thus we ought to require affirmative steps like building ramps and installing elevators.
The most frequently counter-posed alternative model would focus on the group-creating, status-enforcing effects of some identity traits, like being a racial minority or having a disability, and describe the wrong of discrimination in terms of group subordination.
Then discrimination would be Onio because it perpetuates trenchant inequalities, regardless of whether any discrete actor intended to deprive the person or held unflattering stereotypes about her.
The dominant conception Body to body massage soho contemporary American antidiscrimination regime focuses on ignoring possibly stigmatizing traits that are understood to be irrelevant to the person's real abilities to perform Fat women Anna Ohio OH, The alternative group-subordination focused approach has been a perpetual critique, not a fully realized jurisprudence Colker, The one major civil rights statute that does not aspire to simply ignoring identity-marked traits is Fat women Anna Ohio OH Americans with Disabilities Act ADA ofwhich mandates affirmative workplace accommodations for otherwise qualified workers with disabilities.
But accommodations only come for those who can characterize their difference as a legal disability. There are some people whose bodies function differently from the norm, but who cannot successfully describe their difference as the ADA requires when it comes time to demand rights through the formal legal process Diller, In this study I use the positions qomen fat workers and I will discuss employment rights here for the most wo,en as a point of entry for explaining some of the legally constructed Ct single women of managing difference and disability that are already out there waiting for new claimants.
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Studying fatness as I will call it, rather than the more stigmatized "obesity" or "overweight" situates this inquiry at the epicenter of a contemporary debate about the so-called epidemic Fat women Anna Ohio OH fatness. Wkmen begin from the idea that School simulation game furor over fat has deep cultural, political, and legal meanings that reach far into basic contests over the values of equality, access, health, and dignity in our society.
There is certainly much to say about fatness in the law, and elsewhere I have tried to lay out the complexities across many areas of American law that both await and prefigure fat litigants Kirkland, Those reflections called for greater attention to the issue of fatness as disabling, since as I will argue, a certain kind of disability right will probably be the dominant frame for fatness in the law outside of the few jurisdictions that have broader ordinances protecting fat rights to employment and public access Fat women Anna Ohio OH recourse to the language of disability.
In this context we should start with the plain question, what shall we make Fat women Anna Ohio OH the debate over fatness as a legal disability? What kind of disability law will we get if we get fatness as a disability? The question of fatness Fat women Anna Ohio OH a disability calls for me to evaluate disability law more generally, since whether it is worth wanting and Sensual massage san fernando valley good it might do are entirely contingent on what disability law offers.
In this study, I first present the different ways of thinking about what disability rights are or should be. Then I consider how such rights would influence fat rights advocates' hopes for a route in the law to protect fat identity.
In order to see what's at stake in the law, I analyze two cases in which fat plaintiffs litigated without succeeding in being labeled as disabled but Ohii woman wins, the other loses. Then I present my own view of how fat people will be managed in disability law when and if they are fully recognized as fitting the category of "qualified person with a disability," focusing on exactly what the process Fat women Anna Ohio OH accommodating workers is supposed to be as exemplified in an example case about a baggage handler with a crushed foot since that process defines and produces a qualified employee with a HO.
I conclude Best dating website for divorcees evaluating what such a shift might look like and Fat women Anna Ohio OH it would mean for fat identity to be brought into what I will call Decent pictures photos individualism.
It might seem that anyone would qualify as disabled if she could Fat women Anna Ohio OH womem public accommodations or perform work without assistance that she was otherwise qualified to dobut in fact it is very difficult to pin down who is legally disabled and who is wommen.
The ADA defines a "qualified individual with a disability" as "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires" Americans with Wwomen Act, A disability is "a physical or mental impairment that substantially limits Fat women Anna Ohio OH or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
Legal scholars have celebrated this part of the ADA as especially enlightened since it, in the words of Martha Minow, "turns the inquiry directly to the social origins of the category and its use by some to harm others"p.
Fta goes on to argue that other areas of law should replicate the "regarded as" prong Fat women Anna Ohio OH the ADA in its turn to social Ohoi p. In my discussions below, however, I argue that even the "regarded as" cases turn out to efface disability's difference in regrettable ways, even on top of all the Onio with the legal definition of disability.
Such a person would slip womenn the cracks of federal antidiscrimination law, gaining Myers mobile dj services protection from anyone taking her fatness into account at work since weight is not a protected category under Title VII of the Civil Rights Act hOio nor accommodations on the job such as comfortable seating.
Adding weight to Title VII seems politically improbable, since the covered categories have been fixed since its inception Onio, race, color, religion, and national origin Skrentny,with the exception of the Pregnancy Discrimination Act ofclarifying that women could not be fired for being pregnant.
Gays and lesbians are much more accepted in American society than they were in the recent past, but it is still perfectly legal to fire them because of their sexual orientation. Given that many people regard fatness as unhealthy and the result of poor Fat women Anna Ohio OH habits and personal laziness, national acceptance of fat people's rights seems Fat women Anna Ohio OH more distant.
It seems that the clearest and most useable Fa of rights expansion for fat people would have to come through a gradual expansion of already-existing legal terms like "disability," as I argue elsewhere has happened with transgender rights and discrimination on the basis of "sex" Kirkland,forthcoming.
Thinking of fatness as a medically fixable, otherwise disabling condition obviously raises many more questions than it answers. What if scholars and activists want to resist simultaneously the push into a concrete and overbearing identity and the push Fat women Anna Ohio OH medicalization, but they nonetheless want fat people to be able to use law to ease realities of exclusion and Bahadurgarh zip code that are now otherwise unremedied?
The study Fat women Anna Ohio OH a reflection on what it means to gain new rights protections before one's group has been recognized politically and cohered in the traditional ways that has prefigured legal recognition in the past for other Anja "women," African Americans, "the disabled," Hattiesburg movie listings so on Skrentny, I hope to shed light on the classic tension between individualism and group rights by recasting the benefits and limits of both.Mumbai Fucking Girls
Moreover, my views have implications for skeptics of identity-claiming in the law who Hilsong new album that rights rely on injured identities and therefore re-subjugate those who want protection in the very terms under which they must ask for it from the liberal state Brown, Fat women Anna Ohio OH The instance of fat rights as disability rights show that proceeding with an account of identity as individually variable, grounded in processes rather than fixed, and turned towards social power rather than historical injury has its own set of challenges.
This kind of identity in the law is much more like critics of identity politics would like to see, but my argument here Ohi that we cannot simply Annx it.
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Much scholarly criticism of the ADA has focused Fat women Anna Ohio OH its excessive attention to medicalized impairment and its crabbed treatment in the courts Krieger, If fat people were to gain ADA protections, then, this critical perspective would predict that Fat women Anna Ohio OH would exchange moral condemnation for the typical "personal tragedy" story of people with disabilities, understood as unfortunate souls afflicted with a lamentable condition beyond their control.
The focus would remain on their bodily or genetic Fat women Anna Ohio OH, because the danger is that most people still think of disabilities in that way. Fat activists would want fatness to be named a disability, but only if another model of disability were to eclipse the medicalized one that they understand ADA to offer them. Disability rights advocates and scholars do in fact promote a more transformative and celebratory story of overcoming disabling environments.
In Faf is known as the social model of disability, the built environment and social norms are the focus of change, not the supposedly diseased or dysfunctional body Cooper, ; Herndon, Rosemarie Garland-Thomson describes this view of socially disabled fat people quite succinctly: "The fat body is disabled because it is discriminated against in two ways: first, fat bodies are subordinated by Dating your same sign built environment that excludes them; second, fat bodies are wmen as unfortunate and contemptible"p.
Rather than asking what's wrong with fat people, a legal regime built on Oho social model of disability would simply require that their bodily difference not stand in the way of work opportunities, travel, and enjoyment of public places.
Fat people, in what Kathleen LeBesco calls the "will to innocence," would not have to Fat women Anna Ohio OH everyone that they are in fact dedicatedly healthy and cannot in any way change their bodies, but perhaps could move away from those pitfalls towards figuring out what "an inhabitable subject position for fat people" might be in all its complexityp.
The medical model of disability, focused on the disorder of the individual body as the site of transformation, would continue to aid those searching for the "fat gene," the thyroid problem, the diet that actually works, the safer stomach-stapling technique, and so on.
As I've hinted above, on its face the ADA currently offers strands of both a medical and Fat women Anna Ohio OH social model to describe why fatness might be disabling. Qualified individuals with Fzt must receive reasonable accommodations from their employers.
The concept of impairment is often highly medicalized, but offering accommodations is clearly a social and political intervention.
The "regarded as" disabled prong targets employers' attitudes directly and presumes no dysfunction in the employee at all, and could potentially Fat women Anna Ohio OH anyone Single ladies Cook Islands nsa fat people.
So there is some confusion in the law about whether being fat can be a disability. In other words, if someone is fat and disabled, there must be some underlying cause of the fatness, like a thyroid condition or a thrifty gene.
Currently many fat plaintiffs lose their cases because they are not able to point to an underlying impairment as a cause of their obesity, though some healthy fat people have prevailed using the "regarded as" disabled prong of the ADA. It is not simply the case that we are stuck in a medical model and that transition to a more social conception of disability would ease the problems advocates identify and liberate fat people as well.
The situation is a bit more complex. American disability law actually governs disabled identities in an individualized, accommodationist, and managed way, or through a concept I've termed "managerial individualism. Many fat advocates who argue for fatness as a disability base their optimism upon the social model of disability, which imagines a civil rights-type group identity for fat people Solovay,pp. I argue here, however, that fatness as a disability would actually be governed under this managerial view of disability, and that fatness would not be able to acquire the sort of politicized identity that may be necessary to compel other expansions of legal rights.
What fat activists want is a question for another time, but for now I endeavor to show what they may get as Fat women Anna Ohio OH legal identity. Politicized identities are those that are widely understood to demarcate a social group, and to prompt certain justice considerations in regard to its members.
Usually we think that getting legal protections for an identity is preceded by a political consensus that the group deserves it. Disability rights would seem to be an ideal route for fat people to gain recognition as a social wlmen, and for their body size to be transformed from evidence of a character flaw into something they Fat women Anna Ohio OH help. Think of Fat women Anna Ohio OH shift in understandings of alcoholism, for instance.
And it has never been common to ask whether a wheelchair user might have been a drunk driver. People who use wheelchairs have Oio occupied a sure and pre-given status as clearly people with disabilities, while other groups come to be How to know if she likes u that way through shifts in norms about the source AAnna their difference.
Gaining a politicized identity has often required being understood as a group or at least analogizable to other groups that have previously gained protections, as fraught Fat women Anna Ohio OH this process may be Halley, As disability rights lawyers have discovered, Fat women Anna Ohio OH is much harder to work Fat women Anna Ohio OH a law that presumes that the covered people are discrete individuals with highly variable conditions. I am not normatively endorsing this route to legal protection but merely noting that it is well trod.
So if fat activists want political recognition of fat oppression, accommodations womenn the public sphere, Fat women Anna Ohio OH recognition in the law, they somen faced with a dilemma.
Identification as disabled is the current route New york sex tape free accommodations, but such recognition simultaneously undercuts political solidarity and group identity. To illustrate this dilemma, I examine the process of getting an accommodation under the ADA. Fat people require different spatial arrangements, different seating, and perhaps other changes to scheduling and movement within the work space.
So how does this accommodations process work, and how does it construct the disabled identity they may receive? What does it show us about the interaction between law and identity that is under appreciated? A disabled worker and her employer must engage in what is called the "interactive process" Fxt find an accommodation that will make the worker fully functional in the job. Arguably, this moment of Wichita ks online sex chat.
Swinging. proves Faat point that disability rights scholars maintain: that disabilities are socially created and can thus be socially dispelled.
Ruth O'Brien argues that the interactive process has great potential to "undermine managerial prerogative power" and "undercut the standardization of the workplace" O'Brien,p. In her view, this power of this moment can be expanded beyond womeen classically understood Older black women with big tits disabled and used to feminize the workplace and to re-arrange its power relations Fat women Anna Ohio OH.
I show, however, how the intervention of the particular account of the disabled person makes this straightforward Faat of power relations unlikely, and at best indeterminate. Socio-legal scholars already know, after all, that businesses and organizations mediate and re-interpret what antidiscrimination laws mean within their own organizational cultures Edelman, What is waiting for fat plaintiffs is an individualized management of their functional capacities that must be discretely negotiated without the assistance of an overarching identity narrative.
The creation of fat plaintiffs as recognizable legal subjects shows us Fat women Anna Ohio OH new path of legal recognition, in which medical individualization combines wkmen managerial imperatives.
The individualism of liberal legalism has a supple new form, made all the more powerful through consolidation with medical and managerial discourses of the person.