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EU court says obesity can be disability

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The European Union's highest court ruled Thursday that obesity can be considered a "disability" if it hinders an overweight person's performance at work.

The European Court of Justice had been asked by a Danish court to consider the case of a child minder in Denmark who said he was fired four years ago because he is obese.

The employee, Karsten Kaltoft, filed a suit to obtain damages and interest from the municipality of Billund which employed him in the job, claiming he was the victim of discrimination.

"I'm both glad and relieved that there has been a ruling that... clearly points in our direction," Kaltoft, who lost his job in 2010 and is now working as a lorry driver, told AFP.

"I was able to do my job like everybody else," he added.

Those who claimed it would make employers more reluctant to hire overweight people were wrong, he said.

"If you have the qualities and qualifications an employer needs, I don't think they -- when they are hiring you -- look at how easy you are to fire," he said.

Map and charts showing the percentage of obese and overweight people
Map and charts showing the percentage of obese and overweight people
, Graphic/AFP/File

The Danish court asked the Luxembourg court whether EU law itself prohibits discrimination on grounds of obesity and whether obesity can be considered a disability.

The EU court ruled that "no general principle of EU law prohibits, in itself, the discrimination on grounds of obesity".

But it said the "condition falls within the concept of 'disability' where... it hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers".

The EU court said however it was up to the Danish court to "determine whether Kaltoft's obesity falls within the definition of disability".

- 'A great victory' -

Danish trade union FOA, which was acting on behalf of Kaltoft, described the ruling as "a great victory".

The town of Billund "has said all along that Karsten Kaltoft's obesity could never constitute a disability because it was self-inflicted. The European Court of Justice flatly rejects this argument," the union said in a statement.

Lawyer Jacob Sand, who represented Kaltoft, said the court's decision protected a "vulnerable group of workers" but admitted that obesity could still be grounds for dismissal in cases where the employee is unable to perform the job they were hired to do.

"A person who is dismissed if they are not competent, capable and available for the position has not been subjected to discrimination because it is only reasonable and factual to dismiss such a person," he told AFP.

A person with a body mass index of 30 or more is classified as obese  which is a major risk factor f...
A person with a body mass index of 30 or more is classified as obese, which is a major risk factor for diabetes, cardiovascular diseases and cancer
Jeff Haynes, AFP

It was only discrimination if "the person can perform his job but may be in need of some help to do it," he said.

However, Britain's National Obesity Forum said it "opened a can of worms for all employers" by pushing them to adapt to the problem of obesity rather than responding to it as a condition requiring remedial measures.

"They will be required to make adjustments to their furniture and doors and whatever is needed for very large people," said spokesman Tam Fry, who believed member states would challenge the ruling.

"I believe it will also cause friction in the workplace between obese people and other workers," he added.

Matthew Elliott, chief executive of campaign group Business for Britain blasted the ruling as "yet another example of a decision by an EU court with no thought for the consequences or impact on business and the wider economy".

Others said the impact on existing legislation would be limited.

"Obesity in itself has not previously been classed as a disability in British law," said Claire Dawson, employment lawyer at Slater and Gordon in London.

"However, where an obese person has other health difficulties that can be associated with and potentially compounded by obesity, such as mobility difficulties, diabetes or depression, these may give rise to protection against disability discrimination," she said.

The European Union’s highest court ruled Thursday that obesity can be considered a “disability” if it hinders an overweight person’s performance at work.

The European Court of Justice had been asked by a Danish court to consider the case of a child minder in Denmark who said he was fired four years ago because he is obese.

The employee, Karsten Kaltoft, filed a suit to obtain damages and interest from the municipality of Billund which employed him in the job, claiming he was the victim of discrimination.

“I’m both glad and relieved that there has been a ruling that… clearly points in our direction,” Kaltoft, who lost his job in 2010 and is now working as a lorry driver, told AFP.

“I was able to do my job like everybody else,” he added.

Those who claimed it would make employers more reluctant to hire overweight people were wrong, he said.

“If you have the qualities and qualifications an employer needs, I don’t think they — when they are hiring you — look at how easy you are to fire,” he said.

Map and charts showing the percentage of obese and overweight people

Map and charts showing the percentage of obese and overweight people
, Graphic/AFP/File

The Danish court asked the Luxembourg court whether EU law itself prohibits discrimination on grounds of obesity and whether obesity can be considered a disability.

The EU court ruled that “no general principle of EU law prohibits, in itself, the discrimination on grounds of obesity”.

But it said the “condition falls within the concept of ‘disability’ where… it hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers”.

The EU court said however it was up to the Danish court to “determine whether Kaltoft’s obesity falls within the definition of disability”.

– ‘A great victory’ –

Danish trade union FOA, which was acting on behalf of Kaltoft, described the ruling as “a great victory”.

The town of Billund “has said all along that Karsten Kaltoft’s obesity could never constitute a disability because it was self-inflicted. The European Court of Justice flatly rejects this argument,” the union said in a statement.

Lawyer Jacob Sand, who represented Kaltoft, said the court’s decision protected a “vulnerable group of workers” but admitted that obesity could still be grounds for dismissal in cases where the employee is unable to perform the job they were hired to do.

“A person who is dismissed if they are not competent, capable and available for the position has not been subjected to discrimination because it is only reasonable and factual to dismiss such a person,” he told AFP.

A person with a body mass index of 30 or more is classified as obese  which is a major risk factor f...

A person with a body mass index of 30 or more is classified as obese, which is a major risk factor for diabetes, cardiovascular diseases and cancer
Jeff Haynes, AFP

It was only discrimination if “the person can perform his job but may be in need of some help to do it,” he said.

However, Britain’s National Obesity Forum said it “opened a can of worms for all employers” by pushing them to adapt to the problem of obesity rather than responding to it as a condition requiring remedial measures.

“They will be required to make adjustments to their furniture and doors and whatever is needed for very large people,” said spokesman Tam Fry, who believed member states would challenge the ruling.

“I believe it will also cause friction in the workplace between obese people and other workers,” he added.

Matthew Elliott, chief executive of campaign group Business for Britain blasted the ruling as “yet another example of a decision by an EU court with no thought for the consequences or impact on business and the wider economy”.

Others said the impact on existing legislation would be limited.

“Obesity in itself has not previously been classed as a disability in British law,” said Claire Dawson, employment lawyer at Slater and Gordon in London.

“However, where an obese person has other health difficulties that can be associated with and potentially compounded by obesity, such as mobility difficulties, diabetes or depression, these may give rise to protection against disability discrimination,” she said.

AFP
Written By

With 2,400 staff representing 100 different nationalities, AFP covers the world as a leading global news agency. AFP provides fast, comprehensive and verified coverage of the issues affecting our daily lives.

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