Danish childminder’s discrimination case may redefine obesity as ’disability’
Source: theguardian.com
Case brought by Karsten Kaltoft against his local authority could set a far-reaching precedent across all EU states
An overweight Danish childminder, said to be unable to bend down to tie up shoelaces, may make legal history this week by calling for employers across Europe to treat obesity as a disability.The discrimination case brought by Karsten Kaltoft against his local 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 more than 158kg (25st) at the time, was sacked by the council, Billund Kommune, because it deemed that he could not perform his duties due to his size, citing the fact that he required help from a colleague to tie up children’s shoelaces. The Danish courts referred the issue to the ECJ.
If successful in redefining obesity as a disability, Kaltoft’s lawyers could force widespread changes in the way employers deal with staff and what support – for example, reserved parking – they might be required to provide.
The court, whose rulings are binding throughout the EU, will have to decide whether it is legitimate to discriminate on the grounds of obesity and whether the burden of proof in any future cases should be on the employer or employee. The ECJ will also consider whether, if there is a duty to prevent discrimination against those suffering from obesity, it applies just to the public sector or across the whole labour market.
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Read the full article at: theguardian.com
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