Obesity Considered A Disability, Says Top Europe Court

Europe's top court ruled that obesity can be deemed a disability at work on Thursday.

Although obesity is still not considered a condition that needs specific protection under European anti-discrimination laws, the new ruling will force many employers to provide greater support to obese staff, reported Reuters.

The case was brought to the top court by a Danish court, who was looking for guidance over a case involving a child-miner who was apparently dismissed from his job by a local authority because of his weight.

Obesity is now considered a disability if an employee's weight hindered "full and effective participation of that person in professional life on an equal basis with other workers," reported Reuters.

Critics say this ruling still leaves companies open to potential discrimination suits.

"If you consider the obese disabled, all of a sudden it triggers certain protections for employees," Jacob Sand, a partner at Danish law firm Gorrissen Federspiel which represented Kaltoft, said to Reuters.

Employers are required to make adjustments that could help an obese person perform their role, Stefan Martin, employment partner at law firm Mayer Brown, explained to Reuters. This doesn't mean an employer cannot fire an obese employee - the employer just has to prove that they tried to accommodate the person's disability.

Tags
Obesity, Court, Europe
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