Obesity - No discrimination by itself
The ECJ has confirmed that a person cannot be discriminated against on the ground of obesity. However, although obesity is not an impairment by itself, the effects of obesity may result in a person being disabled within the definition in the Equal Treatment Framework Directive (2000/78/EC).
Obesity may amount to a disability if it entails a limitation resulting, in particular, from long-term physical, mental or psychological impairments which, in interaction with various barriers, hinder a worker's full and effective participation in their professional life on an equal basis with other workers.
(FOA, acting on behalf of Karsten Kaltoft v Kommunernes Landsforening, acting on behalf of the Municipality of Billund C-354/13.)
Posted on 01/07/2015 by Ortolan