Encyclopedia of Opinion
Question
Should the weight of fashion models be policed?
Position2 of 2
No, the weight of fashion models should not be policed
Argument2 of 2

Fashion models are autonomous

Models are subject to different rules. Therefore it is much harder to submit to regulations and attempting to can turn into a legal battle.

The argument

There are certain countries with regulated BMI standards for their models. However, while the U.S. Occupational Safety and Health Administration can monitor the safety of modeling agencies, this would be in violation of the Americans with Disabilities Act. Turning away someone from a position because of a disability, which includes anorexia nervosa, is against the law. People can fall below a certain BMI and still be considered healthy. They also cannot discriminate against body type, which would be an issue if they placed regulations on BMI. Fashion models also do not have to follow the same rules as regularly employed people because they are contracted through agencies and are not required to perform in certain shows or designs.

Premises

[P1]Regulating models' BMI would clash with the law—the Americans with Disabilities Act bars turning someone away for a disability such as anorexia nervosa, and people can fall below a set BMI while still being healthy. [P2] Anti-discrimination rules also forbid discriminating on body type, and models work as agency-contracted independent workers not bound by the rules governing regular employees. [C] Because models are autonomous contractors protected by anti-discrimination law, the weight of fashion models should not be policed.

Counter-arguments

OSHA cannot monitor independently contracted employees because they do not fall under a specific company. They are their employers, so they cannot follow the same rules. There are work-a-rounds to this rule, and that is that individual agencies would need to create rules that only allow models with a BMI above a certain number are allowed to participate. This would require an alteration to the OSHA rules and the Americans with Disability Act.

Rejecting the premises

[Rejecting P1] OSHA cannot monitor fashion models because they do not work for one specific company.