Friday

16th Nov 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.

... or 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.

EU to propose scrapping summer time change

Based on the preliminary results of an online survey in which mostly Germans took part, the EU executive is proposing that the whole EU stops changing times in March and October.

News in Brief

  1. US warns EU banks and firms against trading with Iran
  2. Merkel urged Romania not to move embassy to Jerusalem
  3. Protesters call for Czech leader to step down
  4. Former German chancellor labelled 'enemy' of Ukraine
  5. French lead opposition to Brexit deal on fisheries
  6. Private accounts of Danske Bank employees investigated
  7. UK's May defends Brexit deal to MPs, after ministers resign
  8. Brexit MP calls for 'no confidence' vote on May

EU gets record response on 'summertime' consultation

The EU Commission has received several million responses from citizens, businesses, and organisations on whether to end the daylight summertime savings. Any tangible change would take ... time.

Exclusive

Women shun EU-funded site for female entrepreneurs

Wegate.eu, which received €1.2m in EU money since its launch almost two years ago, has less than a thousand registered users - from a possible target audience of at least 10 million.

Stakeholders' Highlights

  1. NORDIC COUNCIL OF MINISTERSTheresa May: “We will not be turning our backs on the Nordic region”
  2. International Partnership for Human RightsOpen letter to Emmanuel Macron ahead of Uzbek president's visit
  3. International Partnership for Human RightsRaising key human rights concerns during visit of Turkmenistan's foreign minister
  4. NORDIC COUNCIL OF MINISTERSState of the Nordic Region presented in Brussels
  5. NORDIC COUNCIL OF MINISTERSThe vital bioeconomy. New issue of “Sustainable Growth the Nordic Way” out now
  6. NORDIC COUNCIL OF MINISTERSThe Nordic gender effect goes international
  7. NORDIC COUNCIL OF MINISTERSPaula Lehtomaki from Finland elected as the Council's first female Secretary General
  8. NORDIC COUNCIL OF MINISTERSNordic design sets the stage at COP24, running a competition for sustainable chairs.
  9. Counter BalanceIn Kenya, a motorway funded by the European Investment Bank runs over roadside dwellers
  10. ACCACompany Law Package: Making the Best of Digital and Cross Border Mobility,
  11. International Partnership for Human RightsCivil Society Worried About Shortcomings in EU-Kyrgyzstan Human Rights Dialogue
  12. UNESDAThe European Soft Drinks Industry Supports over 1.7 Million Jobs

Latest News

  1. Brexit dominates EU affairs This WEEK
  2. How the EU commission got tunnel vision on self-driving cars
  3. No-confidence calls against May put Brexit deal in doubt
  4. Key points of the Brexit deal (if it ever comes into effect)
  5. Romania heaps scorn on 'revolting' EU criticism
  6. US steps in to clean up Cyprus
  7. 'Decisive progress' on Brexit as British cabinet backs deal
  8. Asylum for Macedonia's ex-PM puts Orban on spot

Join EUobserver

Support quality EU news

Join us