Obesity is not included in New Zealand legislation as a prohibited ground of discrimination, but "disability" is. In the recent UK case of Walker v Sita Information Networking Computer Ltd it was found that disability is not confined to a physical or mental condition, but could include a description of the nature of the impairment, including medical effects of an employee's obesity. Could a similar result be achieved under New Zealand law?
To read Catherine's expert opinion see the article on HRM Online here.
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