By Dayne Hudson
Obese people could also be considered disabled according to a declaration by the European court of justice.
It's a ruling that has sparked worldwide debate following the landmark case of a Danish childminder who was so obese, that he was unable to tie his shoes, which led to his sacking 4 years ago.
The laws are binding throughout EU members states, including the UK.
It would certainly throw a spanner in the works scross Europe, obviously changing how employers deal with obese staff and any legal suport they may have to give them.
So what's obese?
Well, according to the World Health Organisation, a person is obese if their body mass index (BMI) is over 30.
The organisations definition was relied upon in court.
Karsten Kaltoft, the childminder, was sueing to obtain damages and interest from those who employed him in the childminding job, declaring he was discriminated against.
The Danish court then asked the Luxembourg court whether EU law itself prohibits discrimination on grounds of obesity, and whether or not obesity can actually be considered a disability.
The EU court said: “no general principle of EU law prohibits, in itself, the discrimination on grounds of obesity,” before adding that the “condition falls within the concept of ‘disability’ where... it hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers”.
The EU court delcared it was up to the Danish court to “determine whether Kaltoft’s obesity falls within the definition of disability”.
A Danish trade union described the ruling as “a great victory”.
The European court of justice rejects the argument that Karsten Kaltoft's obesity was self-inflcited.
The lawyer representing Kaltoft said the court’s decision protected a “vulnerable group of workers” but did admit that obesity could still be grounds for dismissal in cases where the employee is unable to perform the job they were hired to do.
The lawyer says it's only discrimination if “the person can perform his job but may be in need of some help to do it,” he said.
What do you think?
