immutability
"Conceptual Challenges in the Application of Discrimination Law in the Workplace" 3 Can J Hum Rts 75
The article discusses the conceptual challange that addiction and mental health pose in being not immutable, pose for establishing prima facia discrimination and how courts/adjudicators have dealt with it. The article addresses the test to determine indirect discrimination and the need to include indirect discrimination to achieve substantive equality.
"Social Construction of Fatness: Legal Proceedings in Canada" 33:6 Disability & Society 954
Explores the social construction of heavy weight as a disability, with considerations of illness, aesthetic, and blame; reviews Canadian human rights cases in which obesity has been considered as a disability; discusses mythopoeia and its affect on the social construction models.