Just when you thought that the obese were the last large class of people left unprotected by discrimination laws, the European Union Court of Justice has ruled that if the obesity of a worker “hinders the full and effective participation of that person in professional life on an equal basis with other workers”, then obesity can fall within the concept of “disability.” From BBC News:
Obesity can constitute a disability in certain circumstances, the EU’s highest court has ruled.
The European Court of Justice was asked to consider the case of a male childminder in Denmark who says he was sacked for being too fat.
The court said that if obesity could hinder “full and effective participation” at work then it could count as a disability.
The ruling is binding across the EU…
Clive Coleman, the BBC’s legal correspondent, comments:
… Read the rest
Today’s ruling was of great interest to employers across Europe. The judgement makes no direct link between Body Mass Index and obesity, but is a powerful statement that an obese worker whose weight hinders their performance at work is entitled to disability protection.