Monday

25th Jun 2018

Obesity could qualify as disability, says EU court

  • The ruling could have far-reaching implications for employers (Photo: Steve Baker)

Obesity may be considered a disability if it affects how a person does their job and so could fall under EU rules banning discrimination in the workplace, the EU's top court said Thursday (17 July) in an opinion set to be closely studied by employers.

"Morbid obesity may come within the meaning of ‘disability’ if it is of such a degree as to hinder full participation in professional life on an equal footing with other employees,” said advocate general Niilo Jaaskinen.

Read and decide

Join EUobserver today

Support quality EU news

Get instant access to all articles — and 18 year's of archives. 30 days free trial.

... our join as a group

The case arrived at the European Court of Justice after Karsten Kaltoft, a child-minder Denmark, claimed he unfairly lost his job because of his weight.

Kaltoft had been working for a local municipality for 15 years looking after children in his own home when his contract was not renewed in 2010.

He said this was due to his size – something denied by his employers – as he is officially classified as obese, and claimed damages for discrimination.

The Danish court asked its EU counterpart to decide whether obesity could be included as a reason for unlawful discrimination by employers.

Jaaskinen said "there is no general, stand-alone prohibition on discrimination on grounds of obesity in EU law."

But he noted that obesity could fall under the scope of the EU employment law that bans discrimination on the grounds of disability in the workplace.

The opinion was clear that only “extreme, severe, or morbid obesity” could eventually be classified as a disability.

Richie Alder, employment partner at law firm Trowers & Hamlins in the UK, said the ruling appeared to send a "contradictory messsage" employers.

He noted that while obesity may not automatically lead to employees having to make "reasonable adjustments" to the workplace to accommodate them, a person with morbid or severe obesity could be classifed as having a disability so "reasonable adjustments may need to be made".

The EU court still has to give a final ruling on the matter, though it follows the Advocate General’s opinion in the majority of cases.

The final decision on Kaltoft’s case will be taken by the court in Denmark.

Brussels takes soft line on 'frightening' obesity problem

Gentle political pressure on food multinationals and EU states is Brussels' answer to Europe's bulging obesity problem until 2010, with consumer groups saying the Barroso commission is passing the buck to its successor.

Focus

Industry urged to tackle obesity as Europeans get fatter

People in Luxembourg, Denmark and Ireland are gaining weight at the fastest rate in the EU, according to a new survey. Meanwhile, some companies have committed to voluntary measures to tackle obesity, with 14 million overweight children in the union.

Focus

Warning over Europe's sugar-guzzling habits

Europeans get through a huge amount of sugary drinks, causing serious risks to their health, a study backed by anti-obesity campaigners suggests. But southern Europe has seen a marked decline in consumption.

Investigation

How to get around the EU posted workers directive

Some EU careworkers in Belgium receive around €400 a month - despite their carers paying €2,500 a month and paying for flights and accommodation. The answer lies in how firms can skirt the safeguards in the EU's posted workers directive.

Opinion

EU needs comprehensive 'sexuality education'

The subject is mandatory by law in some form in nearly all EU countries - but it is mostly reproduction- and biology-centred, covering topics such as unwanted pregnancy and sexually-transmitted infections.

News in Brief

  1. Venice Commission: Hungary should repeal NGO law
  2. Trump threatens to slap 20 percent tariff on EU cars
  3. EU closes deficit procedure against France
  4. Romania's ruling party leader gets jail sentence
  5. EU states defer individual decisions on asylum reforms
  6. Commission opens case on Qatar gas flow
  7. EU adopts posted workers directive
  8. EU leaders to call for 'coordinated plan' on AI

Stakeholders' Highlights

  1. UNESDAThe European Soft Drinks Industry Supports over 1.7 Million Jobs
  2. Mission of China to the EUJointly Building Belt and Road Initiative Leads to a Better Future for All
  3. Macedonian Human Rights MovementMHRMI Launches Lawsuits Against Individuals and Countries Involved in Changing Macedonia's Name
  4. IPHRCivil society asks PACE to appoint Rapporteur to probe issue of political prisoners in Azerbaijan
  5. ACCASocial Mobility – How Can We Increase Opportunities Through Training and Education?
  6. Nordic Council of MinistersEnergy Solutions for a Greener Tomorrow
  7. UNICEFWhat Kind of Europe Do Children Want? Unicef & Eurochild Launch Survey on the Europe Kids Want
  8. Nordic Council of MinistersNordic Countries Take a Stand for Climate-Smart Energy Solutions
  9. Mission of China to the EUChina: Work Together for a Better Globalisation
  10. Nordic Council of MinistersNordics Could Be First Carbon-Negative Region in World
  11. European Federation of Allergy and AirwaysLife Is Possible for Patients with Severe Asthma
  12. PKEE - Polish Energy AssociationCommon-Sense Approach Needed for EU Energy Reform

Latest News

  1. EU leaders still in search of migration plan
  2. Migration row at centre of EU summit This Week
  3. Merkel's woes cast shadow on EU's future
  4. Europe's tech race - trying to keep pace with US and China
  5. Merkel and Juncker's mini-summit risks fiasco
  6. Greece and creditors proclaim 'end of crisis'
  7. How a US firm pushed for EU €2.1trn pension fund
  8. Commission defends Africa migrant plan ahead of summit

Join EUobserver

Support quality EU news

Join us