The Court of Justice of the European Union has ruled that obesity may be considered a disability for the purposes of the Equal Treatment in Employment Directive.
Karsten Kaltoft had been working as a child-minder for the Municipality of Billund in Denmark since November 1996 until Mr. Kaltoft was dismissed in November 2010. However, Mr. Kaltoft was told that the reason for his dismissal was the decline in the number of children, without providing the reasons for selecting him.
In periods throughout his employment with the Municipality, Mr. Kaltoft, with financial assistance attempted to lose weight by attending fitness classes. While the Municipality denies that the issue of obesity provided the basis for the dismissal, Mr. Kaltoft maintained his dismissal is rooted in discrimination due to his weight.
Mr. Kaltoft took a case for damages for discrimination to the Retten i Kolding (District Court of Kolding) in Denmark. The District Court asked the Court of Justice to clarify if EU law includes a self-standing prohibition on discrimination on the grounds of obesity. Alternatively, the District Court asked if obesity can be classified as a disability within the meaning of Equal Treatment in Employment Directive.
In July, Advocate General Niilo Jääskinen observed that nothing in the Charter of Fundamental Rights of the European Union explicitly refers to obesity as a prohibited ground of discrimination. Therefore, the Advocate General concluded, any prohibition could only exist as part of a general prohibition in the labour market. Moreover, the Advocate General held that the Charter is only binding when a member state implements EU law. The Advocate General also emphasised that EU legislative acts prohibiting discriminatory conduct are addressed to specific grounds of discrimination with definitive subject areas. Therefore, there is no general, stand-alone prohibition on discrimination on the grounds of obesity.
In July, Advocate General Niilo Jääskinen observed that nothing in the Charter of Fundamental Rights of the European Union explicitly refers to obesity as a prohibited ground of discrimination. Therefore, the Advocate General concluded, any prohibition could only exist as part of a general prohibition in the labour market. Moreover, the Advocate General held that the Charter is only binding when a member state implements EU law. The Advocate General also emphasised that EU legislative acts prohibiting discriminatory conduct are addressed to specific grounds of discrimination with definitive subject areas. Therefore, there is no general, stand-alone prohibition on discrimination on the grounds of obesity.
The Court of Justice found that if obesity 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".
