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European Court of Justice rules obesity can constitute a disability in certain circumstances

The EU's highest court has ruled that obesity can constitute a disability in certain circumstance...
Newstalk
Newstalk

14.26 18 Dec 2014


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European Court of Justice rule...

European Court of Justice rules obesity can constitute a disability in certain circumstances

Newstalk
Newstalk

14.26 18 Dec 2014


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The EU's highest court has ruled that obesity can constitute a disability in certain circumstances.

The European Court of Justice was asked to consider the case of a male childminder in Denmark who says he was sacked for being too fat.

The court said that if obesity hinders "hinders the full and effective participation of that person in professional life on an equal basis with other workers" then it could count as a disability.

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The ruling is binding across the EU.

However, the court also ruled that EU law should not be extended to specifically prohibit discrimination on the grounds of obesity.

The childminder at the centre of the case, Karsten Kaltoft, is said to have weighed around 25 stone when he was fired four years ago. He brought a discrimination case against his former employers - the Billund city local authority.

The employers have maintained that Mr Kaltoft was let go as his services were no longer required after a fall in the number of children requiring a childminder, and that his obesity was not a factor in the decision. Mr Kaltoft says he was fired because he was overweight.

The Danish courts will now assess whether the European ruling applies in Mr Kaltoft's case.


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