Eus Top Court May Define Obesity As A Disability

[Country Joe 1,411]

The EU's top court is considering a test case which could oblige employers to treat obesity as a disability.

Denmark has asked the European Court of Justice to rule on the case of a male childminder who says he was sacked for being too fat.

Karsten Kaltoft weighs about 160kg (25 stone; 350 pounds). He told the BBC that "bad habits" had made him fat but that his size was "no problem" at work.

The court's final ruling will be binding across the EU.

It is seen as especially significant because of rising obesity levels in Europe and elsewhere, including the US. A survey in England in 2012 found that more than half of adults were obese or overweight.

The Danish courts asked the ECJ judges in Luxembourg to clarify European law in Mr Kaltoft's case.

'Doing job properly'

Jump media player

Media player help

Out of media player. Press enter to return or tab to continue.

In an interview with the BBC World Service, Mr Kaltoft denied reports that he was unable to bend low enough to tie children's shoelaces.

Describing his work with children, he said: "I can sit on the floor and play with them, I have no problems like that."

"I don't see myself as disabled," he said. "We hope the outcome is that it's not OK just to fire a person because they're fat, if they're doing their job properly."

When asked if his employer, Billund local authority, had done anything to help him, he said they had paid for him to go to a gym for three months.

"I tried regular exercise. Of course I don't run a marathon, but weight training: I did that, it was OK," he said.

He worked for Billund authority for 15 years and was dismissed, the authority said, because there was a decline in the number of children. No further explanation was given as to why he was selected for dismissal.

Future obligations?

Audrey Williams, an employment discrimination expert at Eversheds law firm, said the judges would have to decide "whether obesity itself should trigger preferential rights, or should only impact where an individual, due to obesity, has other recognised medical issues".

If the judges decide it is a disability then employers could face new obligations, she told the BBC.

Employers might in future have a duty to create reserved car parking spaces for obese staff, or adjust the office furniture for them, she said.

The judges will have to decide whether obesity is covered under the EU's Employment Equality Directive, which outlaws job discrimination on grounds of disability.

More on This Story

Related Stories

• Obesity: How worried should we be?
  13 JANUARY 2014, HEALTH

 

[j j m 6,539]

what ever next

[General lee 979]

Being a fat b*****d isn't a disability make the c**ts stop eating and move about abit

[leegreen 2,173]

Obesity isn't a disability, it's greed, with an over active piearm.

[smithie 2,443]

KER - CHING thats me quids in

[rodp 316]

Being obese is just an aperture imbalance, the aperture in your face is bigger than the one in your trousers

 

Eat less, move more.

 

Was talking about this in the chip shop the other week (I'm 6'1" and 13stone, so not obese). Years ago my parents had a chip shop (late 50's) and chips were 3d and 6d. They came in a little flat bag and the fish were not much bigger. That's what folk had for tea, and it was plenty !!

 

Nowadays I can't eat a portion of fish and chips (well I can but it's uncomortable ) Why so big ? It's just not necessary.

 

No wonder there's so many fat bas**rds about, great fat

[bracken boy 584]

This world has gone crazy.. I put weight on very very easy but im weighing in at 11stone 2 lb at present, no will power and only one arsehole is their problem..

[walshie 2,804]

Woo hoo! Kiss my job goodbye and wait for the cheques to start rolling in.

[Country Joe 1,411]

Im at an age, when i was at school we were all thin, in my town there was no fast food, or take aways, when you walk up the high street, now, being thin is in the minority.

I believe the worst thing ever invented was the microwave That lady got it right, young people now just cant cook, at these food banks, hand them three Chicken drumsticks, rice, Carrot and Onion, to make a good pot of soup, they would look at you if you were from another planet.

I was in the chippy recently, and there was a young very obese Girl, she ordered Beefburger and chips, a can of non diet Coke, 20 Cigarettes, and one large bar of chocolate.

In Britain if you smoke like a chimney, eat badly, don't exercise, then find you cant walk without a walking stick, you will be rewarded with disability benefits, and a brand new disability car.

If you eat healthy, exercise, look after yourself stay fit, and not over weight, you will be rewarded with nowt.

[bracken boy 584]

Spot on joe..

[jacknife 2,005]

And why not being a piss head is classed as a disabilty

[smithie 2,443]

And why not being a piss head is classed as a disabilty

 

very true, alcholics get extra money

[dare 1,103]

Bet the problem would be alot less if my idea was brought in. Health tests when you reach a certain age and if you fail your culled humanly. Far to many dont take care of themselves and expect others to take care of them. No different than the women who pop out kids to get a bigger house or more benefits. Already said before with that, 3 generation of not working should be sterilised, clearly lacking some sort of gene and who would want to reproduce that. Sounds abit harsh but itll soon sort things out.

[The one 8,479]

It has a knock on effect bigger hospital beds and bigger furnaces at the crematioruim

[bracken boy 584]

Even thow drinkers get money its still not right, let them drink drink drink but without taxpayers money, my pal drinks shiteloads too much.to.be honest but he works just as hard.. And dont get me started on junkies, addiction geez with they all cruel into a corner and overload yourself..