Obesity can lead to a disability – Update

In the summer (July 2014), we reported that the European Court of Justice (ECJ) were being asked to determine whether obesity should be considered a disability under Equality legislation.  It involved the case of a Dutch childminder who claimed he was dismissed due to being overweight (he reportedly weighed 25 stone), and argued that he should have been considered disabled*.

The ECJ has agreed with Advocate General Jääskinen, that there is NO general principle of EU law prohibiting discrimination on grounds of obesity.

However, they agreed that obesity MAY fall within the definition of disability under the Equal Treatment Framework Directive (2000/78/EC).

It COULD be a disability IF it entails a limitation resulting, in particular, from long-term physical, mental or psychological impairments which, in interaction with various barriers, hinder a worker’s full and effective participation in their professional life on an equal basis with other workers.

Unlike the Advocate General, the ECJ did not suggest that only severe obesity might fall within the definition of disability. Each case will depend on its facts.

So the position therefore remains: obesity is NOT an impairment of itself BUT the effects of obesity may result in a claimant being disabled.

*FOA, acting on behalf of Karsten Kaltoft v Kommunernes Landsforening, acting on behalf of the Municipality of Billund C-354/13.

If you have faced discrimination in the workplace, please contact Julia Furley on 0207 388 1658 or at jfurley@jfhlaw.co.uk to discuss your options.