Danish childminder"s discrimination case may possibly redefine weight problems as disability

In the United kingdom, 64% of grownups are classified as getting overweight or obese. Photograph: Paul Ellis/AFP/Getty Photos

An overweight Danish childminder, mentioned to be unable to bend down to tie up shoelaces, could make legal history this week by calling for employers across Europe to treat weight problems as a disability.

The discrimination situation brought by Karsten Kaltoft against his regional authority will be heard by the European court of justice in Luxembourg on Thursday and could set a far-reaching precedent across all EU states.

Kaltoft, who weighed far more than 158kg (25st) at the time, was sacked by the council, Billund Kommune, since it deemed that he could not perform his duties due to his dimension, citing the truth that he needed help from a colleague to tie up children’s shoelaces. The Danish courts referred the concern to the ECJ.

If effective in redefining obesity as a disability, Kaltoft’s attorneys could force widespread adjustments in the way employers deal with employees and what assistance – for illustration, reserved parking – they may be necessary to supply.

The court, whose rulings are binding during the EU, will have to determine whether it is respectable to discriminate on the grounds of weight problems and regardless of whether the burden of proof in any future situations ought to be on the employer or worker. The ECJ will also consider whether, if there is a duty to avoid discrimination against individuals struggling from weight problems, it applies just to the public sector or across the entire labour industry.

Audrey Williams, head of discrimination at the London law company Eversheds, explained: “The influence could demonstrate important for employers, notably those in the Uk which continues to reveal the highest percentages of weight problems in Europe.” In the United kingdom, 64% of adults are classified as currently being obese or obese.

“Discrimination law in the United kingdom, the Equality Act 2010, has been interpreted as protecting physical and psychological situations which result from obesity, to the extent they meet specified criteria in terms of their nature, effect and duration,” stated Williams. “Weight problems itself has been rejected by the United kingdom courts as a disability in its personal right. If the European court reaches a contrary conclusion, the Equality Act would want to be utilized quite in a different way.

“Obesity, even so it will come to be defined, would need to be approached just like any other physical or psychological impairment, preventing an employer from treating an worker less favourably because of their bodyweight, not due to the fact of consequential health care troubles. This would incorporate the capacity to dismiss.

“The primary change, however, would practically surely come up in the context of the employer’s duties to make realistic adjustments to the workplace or functioning arrangements. For example, entry to the office could be an problem, requiring overview of where the employee is found and their seating arrangements. May well obese employees require to get preferential access to automobile parking, for instance?”

In the USA, several latest cases have resulted in dismissed employees successfully claiming they were discriminated towards for being obese. In 1 case, a employee in Texas who weighed much more than 305kg (48st) received $ 55,000 (£32,800) in compensation for losing his work.

Danish childminder"s discrimination case may possibly redefine weight problems as disability