Is this Discriminatory?

Ms_Chocaholic

Hi all

I previously joined a free 12 week gym membership pre-Covid and now that gyms are open again I thought I would look at re-joining (I think you can only get the free 12 weeks once - I didn't get the free 12 weeks previously as I my induction and then everything closed for Covid). 

Anyway, the criteria appears to have changed, this is what it says:

You need to be over 18

A resident of the area

Both of which I qualify for.

It then refers to BMI criteria:

A body mass index of 30+
OR

A body mass index of 25 and from a black or minority ethnic group

OR

A body mass index of 25 with some comorbities

It therefore seems to me (though happy to be correct) that as I probably have a BMI of over 25 but I am white I do not qualify (I do not have any comorbidities and unlikely my bmi over 30).

Is this how you read it?

If so, is this discriminatory?

BigDoug

I would say yes, but discrimination only really works one way round. 

Aylesbury_Duck

It's positive action, as I understand it.  The Equality Act allows them to discriminate if it helps people with a protected characteristic (in this case, ethnicity) if those people are:

• at a disadvantage
• have particular needs
• are under-represented in an activity or type of work

In this case, I infer it's the first and second criteria they're using here, presumably as part of the targeted response to getting people from those ethnic groups fitter and better prepared for coronavirus or other respiratory illnesses.

In my book, that makes their criteria discriminatory, but lawful and sensible.

Ms_Chocaholic

Thank you for your informative reply.  Just to provide further information, the 2011 Census for the area shows ethnic minorities as a percentage of the total population is 3.5%.

user1977

I agree it probably comes under the lawful exceptions.

Aylesbury_Duck

Ms_Chocaholic said:

Thank you for your informative reply.  Just to provide further information, the 2011 Census for the area shows ethnic minorities as a percentage of the total population is 3.5%.

I suspect the percentage of white people in the area with a BMI of 30+ is much, much higher than that.

Sandtree

Ms_Chocaholic said:

Thank you for your informative reply.  Just to provide further information, the 2011 Census for the area shows ethnic minorities as a percentage of the total population is 3.5%.

And what's that got to do with anything? 

Presumably you don't qualify under the comorbidity? Do you have equal issue that someone who's white 25 BMI but has type 2 diabetes gets free access but you don't despite being a chocoholic?

Aylesbury_Duck

BigDoug said:

I would say yes, but discrimination only really works one way round. 

And which way round would that be, Doug?  

edgex

They're not preventing you from joining the gym though are they.
They simply have a targeted offer, likely as part of a Local Authority initiative.

If that is negatively discriminatory, then so are all the pensioner offers, the women's swimming hours, etc etc.

mattyprice4004

What's next, you having a problem with old people getting discounted fish and chips? 
Crikey. 

unholyangel

Aylesbury_Duck said:

It's positive action, as I understand it.  The Equality Act allows them to discriminate if it helps people with a protected characteristic (in this case, ethnicity) if those people are:

• at a disadvantage
• have particular needs
• are under-represented in an activity or type of work

In this case, I infer it's the first and second criteria they're using here, presumably as part of the targeted response to getting people from those ethnic groups fitter and better prepared for coronavirus or other respiratory illnesses.

In my book, that makes their criteria discriminatory, but lawful and sensible.

I don't think they are relying on the first two. At least, I don't see any way that they're disadvantaged in fitness activities by their protected characteristic or that they have particular fitness needs different from anyone without that characteristic. 

Nor do I think "black or minority ethnic group" would hold up. Because that covers every other ethnicity apart from caucasian/white (at least within the UK). While some ethnicities may be more at risk with a BMI of 25+ than a white person with a BMI of 25+, not all of them are. Therefore exemption is not proportionate as required by s158 of the equality act (which determines when positive action can be used in circumstances outside of recruitment/employment). 

But really, it would probably just lead to the gym withdrawing the offer rather than offering it to everyone. 


If OP has a high BMI though, they may want to speak to their doctor. Not sure if it's just Scotland but I know a friend who was referred to a gym by their GP and got a cheaper gym price as a result. However, I also don't know if there is a criteria for your doctor doing this (ie if BMI has to be over a certain value or whether it would just be beneficial to their health because they need to lose weight), but it can't hurt to ask.