Obesity can be a disability, decides the European Court of Justice (ECJ), after considering a Danish case.

Karsten Kaltoft was a Danish childminder who was employed by the local council in Billund. In November 2010 he was dismissed from his job after 15 years’ employment. Kaltoft had been obese for the duration of his employment. He claimed that the reason for his dismissal was his obesity and that this constituted a form of discrimination.

The ECJ considered whether obesity fell within the definition of disability, which would allow the condition to be automatically protected under disability discrimination legislation. The Court found that the question to be asked is whether the employee’s obesity impairs them from participating equally with their workplace colleagues and whether this impairment is long term. If so, then the obesity will constitute a disability.

“Such would be the case if the obesity of the worker hindered that participation on account of reduced mobility or the onset of medical conditions preventing that person from carrying out work or causing discomfort when exercising professional activity.” European Court of Justice