Cost implications of deeming obesity to be a disability?

The European Court of Justice ruled in December 2014 that if obesity could hinder "full and effective participation" at work then it could count as a disability – and be covered by the protection provided for in EU Council Directive 2000/78/EC of 27 November 2000, which establishes a general framework for equal treatment in employment and occupation, and offers protection by the prohibition of discrimination on grounds of that disability.

 Clive Coleman, BBC's legal correspondent

"Today's ruling was of great interest to employers across Europe. The judgement makes no direct link between Body Mass Index and obesity, but is a powerful statement that an obese worker whose weight hinders their performance at work is entitled to disability protection.

That will mean employers must, on a case by case basis, make reasonable adjustments such as providing larger chairs or special car parking, and protect such employees from verbal harassment.

But there are wider implications. Providers of goods and services such as shops, cinemas and restaurants will also have to make reasonable adjustments for their customers, which might include things like special seating arrangements.

The key concept here is that adjustments must be "reasonable" - so it may be deemed reasonable for a Premier League football club to make two seats available for someone disabled through obesity, but not for a small, non-league club.

Obesity, particularly what is sometimes known as morbid or severe and complex obesity, can be a particularly sensitive subject.

Employers and service providers will have to take care not to make assumptions about the needs of an obese worker or customer."

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