Obesity ‘could be a disability’ under EU law

In Kaltoft v Municipality of Billund (Case C-354/13) the European Court of Justice has held that there is no general principle of EU law which prohibits discrimination on the ground of obesity. However, it went on to conclude that there are conditions under which obesity can amount to a disability: if the obesity ‘entails a limitation resulting in particular from long-term physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers’. This would be the case, in particular, where the obesity results in reduced mobility, or the onset of related medical conditions.

To read the judgment in full, please click here. For further information on discrimination law, please click here.

If you would like to discuss a potential disability discrimination matter, please contact our expert employment law solicitors on 0207 956 8699 or info@rllaw.co.uk.