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davieG

EU's top court may define obesity as a disability

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Posted

The EU's top court is considering a test case which could oblige employers to treat obesity as a disability.

Denmark has asked the European Court of Justice to rule on the case of a male childminder who says he was sacked for being too fat.

Karsten Kaltoft weighs about 160kg (25 stone; 350 pounds). He told the BBC that "bad habits" had made him fat but that his size was "no problem" at work.

The court's final ruling will be binding across the EU.

It is seen as especially significant because of rising obesity levels in Europe and elsewhere, including the US. A survey in England in 2012 found that more than half of adults were obese or overweight.

The Danish courts asked the ECJ judges in Luxembourg to clarify European law in Mr Kaltoft's case.

'Doing job properly'

In an interview with the BBC World Service, Mr Kaltoft denied reports that he was unable to bend low enough to tie children's shoelaces.

Describing his work with children, he said: "I can sit on the floor and play with them, I have no problems like that."

"I don't see myself as disabled," he said. "We hope the outcome is that it's not OK just to fire a person because they're fat, if they're doing their job properly."

When asked if his employer, Billund local authority, had done anything to help him, he said they had paid for him to go to a gym for three months.

"I tried regular exercise. Of course I don't run a marathon, but weight training: I did that, it was OK," he said.

He worked for Billund authority for 15 years and was dismissed, the authority said, because there was a decline in the number of children. No further explanation was given as to why he was selected for dismissal.

Future obligations?

Audrey Williams, an employment discrimination expert at Eversheds law firm, said the judges would have to decide "whether obesity itself should trigger preferential rights, or should only impact where an individual, due to obesity, has other recognised medical issues".

If the judges decide it is a disability then employers could face new obligations, she told the BBC.

Employers might in future have a duty to create reserved car parking spaces for obese staff, or adjust the office furniture for them, she said.

The judges will have to decide whether obesity is covered under the EU'sEmployment Equality Directive, which outlaws job discrimination on grounds of disability.

 

Posted

Disabled or not.  If you're not physically able to do the job you're paid to do, how can you expect to keep your job?

 

They are compulsive eaters (and bone fvcking idle with it) the same as smackheads are compulsive drug users.  Do they both deserve to keep their jobs & park at the front of Asda.  Don't most take-aways deliver anyway?

Posted

What about other eating disorders? Are they  caused through laziness?

 

Comparing overeating to genuine eating disorders such as bulimia and anorexia is a bit classless to be honest - they're nothing alike. Gluttony isn't and never should be classed as a disease or a disability.

Posted

I concede to your greater expertise medical knowledge on the subject.

It was a genuine question aimed at those who have had experience on

all types of eating disorders as I am not an expert.

Posted

Disabled or not. If you're not physically able to do the job you're paid to do, how can you expect to keep your job?

They are compulsive eaters (and bone fvcking idle with it) the same as smackheads are compulsive drug users. Do they both deserve to keep their jobs & park at the front of Asda. Don't most take-aways deliver anyway?

Surely they should have extra wide obese parking spaces, but at the very back of the car park, make them walk further.

Posted

Just because it is binding across the EU, doesn't mean we have to follow it. It just means that we are susceptible to pressure from Strasbourg should we not. As has happened with whole life sentence cases.

Posted

And people wonder why UK is eurosceptic

 

Because they overreact to everything, and read a story like this and decide that it means the EU will force all obese people to be classed as disabled, stop them from having to work, and force the government to pay them masses amounts of benefits to feed their fat asses all day, and that a new law from Brussles will mean any obese person to be able to eat the chips off your plate if you are out having a meal, without having to ask first!!!

Posted

I doubt it would apply to all obese people. Like I said for some it may be a disorder linked to a mental or medical condition. It does not mean those that stuff burger and chips down their throats every day will be able to do it 'for free'.

The person would have to be assessed first by doctors. It is probably rare so would only affect a few.

Some people are built big and it runs in the family. The family are big on my mothers side. Her sister was massive and she had about 10 kids.  She was not very tall so looked like a huge football.. I'm large but I would not say I am obese. I have one brother that does not put on much weight even with a good appetite.

Posted

White Dee will be getting a free mobility scooter.

Somehow I read that as "White Dee is a nob gobbler".

Like I said, somehow.

Posted

Comparing overeating to genuine eating disorders such as bulimia and anorexia is a bit classless to be honest - they're nothing alike. Gluttony isn't and never should be classed as a disease or a disability.

Too true.  :thumbup:

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