EU court rules obesity as disability

The European court of Justice in Luxembourg has ruled that obesity can in severe case constitute a disability. The court, whose laws are binding throughout EU members states such as the UK, said obesity could be considered a disability if
it “hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers”.

The judgment comes after the landmark case of Karsten Kaltoft, 50, a Danish childminder four years ago who claimed he was fired by his employer Billund Kommune local authority because he was so fat and unable to tie his own shoelaces.

The Court of Justice of the European Union was asked to rule on whether EU law forbids discrimination on the grounds of obesity or whether obesity could be considered a disability. The Luxembourg-based court ruled that EU employment law did not specifically prohibit discrimination on the grounds of obesity, and that the law should not be extended to cover it.

However, the court said that if an employee's obesity hindered "full and effective participation of that person in professional life on an equal basis with other workers" then it could be considered a disability.

Critics warned it could encourage the overweight to avoid slimming down in the hope of securing a payout. Companies could also face millions of pounds of costs to alter offices and factories, including providing:

Specialist furniture such as larger chairs;

Parking spaces next to the workplace;

Dietary advice to overweight staff;

Gym memberships;

Opportunities to work from home.