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18 Dec 2014
EU courts rule obesity can be classed as a disability
BY
Jak Phillips
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Obesity is a growing issue across Europe
photo: Shutterstock.com
Employers across Europe may be forced to make adjustments to work environments to accommodate overweight employees, after the European Court of Justice (ECJ) ruled that obesity can constitute a disability within European law. Intended to protect severely overweight employees – those with a BMI of more than 30 – from job-related discrimination, the judgement leaves employers facing the expense of providing extra resources such as priority parking and sturdier furniture for those affected.
The ruling stems from the case of Danish childminder Karsten Kaltoft, who took action against his employer after he was sacked. Kaltoft, who weighs around 160kg (25 stone), claims he was sacked for being overweight, while Billund local authority said a fall in the number of children meant Kaltoft was no longer required.
Danish courts asked the European Court of Justice to clarify whether obesity was a disability. The answer – which is binding across the EU – is that if obesity can hinder "full and effective participation" at work then it can be counted as a disability.
The ECJ ruled: "The Court finds that if, under given circumstances, the obesity of the worker entails a limitation which results in particular from physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of that person in professional life on an equal basis with other workers, and the limitation is a long-term one, such obesity can fall within the concept of 'disability' within the meaning of the directive."
Danish courts must now assess Kaltoft’s weight to see if his case can be classed as a disability.
Today’s ruling (18 December), means employers across Europe will have to bear the costs of litigation and finding ways to ensure fat workers are not placed at any disadvantage to slimmer colleagues.
“Today’s decision will be closely watched by businesses concerned about how they treat obese members of staff and whether they could face discrimination claims as a result,” Julian Hemming, employment partner at law firm Osborne Clarke, told The Telegraph.
“It is unlikely to be the last we’ll hear in the courts on this issue of obesity discrimination. Businesses will soon be required to address the potentially delicate issue of questioning the impact an employee’s weight has on their work regardless of today’s ruling.”
Physical activity advocates have long been critical of the prospect of obesity being classed as a disability. In a recent column, Health Club Management editor Kate Cracknell warned such a move would set a dangerous precedent.
“While ‘disability’ marks it as something to be accepted and lived with, and ‘disease’ gives people an excuse to defer responsibility for their health onto the medical profession, ‘lifestyle condition’ makes the problem seem reversible, with lifestyle change – our sector’s area of expertise – clearly signposted as the logical solution,” she wrote.
“Rather than endlessly defining what the already very evident problem is, let’s invest our energy into finding solutions.”
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