Jun 12 2014 : The Times of India (Delhi)
Is obesity a disability? Court to decide
Kounteya Sinha
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London
TNN
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Man Weighing 158Kg Sues Employers For Sacking Him, Alleges Discrimination
An overweight Danish citizen may make legal history by calling for employers across Europe to treat obesity as a disability.The European Court of Justice in Luxembourg will on Thursday hear proceedings brought by Danish childminder Karsten Kaltoft, who alleges he was dismissed by his local authority Billund Kommune as he is obese.
The authority claimed that he was unable to perform his duties and needed the help of colleagues to even tie children's shoelaces.
The issue is whether Kaltoft's obesity falls within the definition of disability under EU law and whether, by dismissing him, his employer may have been guilty ofdisability discrimination.
If Kaltoft -who weighed more than 158 kg when he was dismissed -wins the case, obesity would need to be approached like any other physical or mental impairment, preventing an employer from treating an employee less favourably because of their weight, not because of consequential medical problems. This would include the ability to dismiss. The court, whose rulings are binding throughout the EU, will have to decide whether it is legitimate to discriminate on the grounds of obesity and whether the burden of proof in any future cases should be on the employer or employee. The ECJ will also consider whether, if there is a duty to prevent discrimination against those suffering from obesity, it applies just to the public sector or across the labour market.
The Danish court has asked for clarification from the ECJ as to whether the European Framework Directive, which sets the benchmark of discrimination laws across member states, can be interpreted to encompass obesity as a disability .
Audrey Williams, partner and head of discrimination at law firm Eversheds said, “The European court will consider for the first time where obesity sits in legal terms and whether it should be considered a disability in the case of Karsten Kaltoft v Billund Kommune. The outcome could prove significant for employers, triggering potential obligations to make reasonable adjustments at work or restricting opportunity to reject job candidates due to their weight. It will be some weeks before the European court publishes its decision in the Kaltoft case. However, depending upon the outcome, the impact could prove significant for employers, particularly those in the UK which continues to reveal the highest percentages of obesity in Europe. Discrimination law in the UK, the Equality Act, 2010, has been interpreted as protecting physical and mental conditions which result from obesity , to the extent they meet specified criteria in terms of their nature, effect and duration; obesity itself has been rejected by the UK courts as a disability in its own right. If the European Court reaches a contrary conclusion, the Equality Act would need to be applied very differently.“
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The authority claimed that he was unable to perform his duties and needed the help of colleagues to even tie children's shoelaces.
The issue is whether Kaltoft's obesity falls within the definition of disability under EU law and whether, by dismissing him, his employer may have been guilty ofdisability discrimination.
If Kaltoft -who weighed more than 158 kg when he was dismissed -wins the case, obesity would need to be approached like any other physical or mental impairment, preventing an employer from treating an employee less favourably because of their weight, not because of consequential medical problems. This would include the ability to dismiss. The court, whose rulings are binding throughout the EU, will have to decide whether it is legitimate to discriminate on the grounds of obesity and whether the burden of proof in any future cases should be on the employer or employee. The ECJ will also consider whether, if there is a duty to prevent discrimination against those suffering from obesity, it applies just to the public sector or across the labour market.
The Danish court has asked for clarification from the ECJ as to whether the European Framework Directive, which sets the benchmark of discrimination laws across member states, can be interpreted to encompass obesity as a disability .
Audrey Williams, partner and head of discrimination at law firm Eversheds said, “The European court will consider for the first time where obesity sits in legal terms and whether it should be considered a disability in the case of Karsten Kaltoft v Billund Kommune. The outcome could prove significant for employers, triggering potential obligations to make reasonable adjustments at work or restricting opportunity to reject job candidates due to their weight. It will be some weeks before the European court publishes its decision in the Kaltoft case. However, depending upon the outcome, the impact could prove significant for employers, particularly those in the UK which continues to reveal the highest percentages of obesity in Europe. Discrimination law in the UK, the Equality Act, 2010, has been interpreted as protecting physical and mental conditions which result from obesity , to the extent they meet specified criteria in terms of their nature, effect and duration; obesity itself has been rejected by the UK courts as a disability in its own right. If the European Court reaches a contrary conclusion, the Equality Act would need to be applied very differently.“
For the full report, log on to http://www.timesofindia.com
