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| Cost implications of deeming obesity to be a disability? Question1 #370904 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." |
+Citations (3) - CitationsAjouter une citationList by: CiterankMapLink[1] Request for a preliminary ruling from the Retten i Kolding (Denmark) lodged on 27 June 2013 – FOA, acting on behalf of Karsten Kaltoft v Billund Kommune
En citant: Retten i Kolding
Publication info: 2013 June, 27
Cité par: David Price 7:43 PM 18 December 2014 GMT
Citerank: (1) 400004Cost 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.8FFB597
URL:
| | Extrait - Request for a preliminary ruling from the Retten i Kolding (Denmark) lodged on 27 June 2013 – FOA, acting on behalf of Karsten Kaltoft v Billund Kommune
(Case C-354/13)
Language of the case: Danish
Referring court
Retten i Kolding
Parties to the main proceedings
Applicant: FOA, acting on behalf of Karsten Kaltoft
Defendant: Billund Kommune
Questions referred
Is it contrary to EU law as expressed, for example, in Article 6 TEU concerning fundamental rights, generally or particularly for a public-sector employer to discriminate on grounds of obesity in the labour market?
If there is an EU prohibition of discrimination on grounds of obesity, is it directly applicable as between a Danish citizen and his employer, a public authority?
Should the Court find that there is a prohibition under EU law of discrimination on grounds of obesity in the labour market generally or in particular for public-sector employers, is the assessment as to whether action has been taken contrary to a potential prohibition of discrimination on grounds of obesity in that case to be conducted with a shared burden of proof, with the result that the actual implementation of the prohibition in cases where proof of such discrimination has been made out requires that the burden of proof be placed on the respondent/defendant employer (see recital 18 in the preamble to Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex 1 )?
Can obesity be deemed to be a handicap covered by the protection provided for in Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation 2 and, if so, which criteria will be decisive for the assessment as to whether a person’s obesity means specifically that that person is protected by the prohibition of discrimination on grounds of handicap as laid down in that directive?
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1 OJ 1998 L 14, p. 6.
2 OJ 2000 L 303, p. 16. |
Link[3] Weighing The Medical, Legal And Social Perspectives on Obesity
En citant: Angela Pirisi
Publication info: 2015, Focus on Obesity In The Workplace, CONDUIT Spring 2015
Cité par: David Price 2:24 PM 18 May 2015 GMT
Citerank: (1) 400004Cost 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.8FFB597
URL: | | Extrait - The message to employers is that they need to care about addressing obesity because it’s the right thing to do and because it ultimately affects organizational effectiveness and success. But addressing the issue begins with a complex question: is obesity a disability? The answer is tricky: sometimes obesity is a disability, and sometimes it isn’t.
“Canada is divided on the issue, with legislation varying by both provincial and federal jurisdictions, so there’s no standard definition or approach,” says Jacob Shelley, a CIHR Vanier Canada Graduate Scholar and Doctoral student in the Juridical Science program at the Faculty of Law, University of Toronto. The Supreme Court of Canada has defined obesity as a disability (even if it’s only a perceived disability), whereas the Ontario Human Rights Tribunal has drawn the distinction that obesity is a disability only if it’s “caused by” illness, injury or birth defect. |
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