MPH Posted 18 December 2014 Posted 18 December 2014 Obesity can constitute a disability in certain circumstances, the EU's highest court has ruled. The European Court of Justice was asked to consider the case of a male childminder in Denmark who says he was sacked for being too fat. The court said that if obesity could hinder "full and effective participation" at work then it could count as a disability. The ruling is binding across the EU. If employers suddenly have to start ensuring that they've got wider seats, larger tables, more parking spaces for people who are obese, I think then we're just making the situation worse” Jane Deville Almond British Obesity Society Judges said that obesity in itself was not a disability - but if a person had a long-term impairment because of their obesity, then they would be protected by disability legislation. The case centres around childminder Karsten Kaltoft who weighs about 160kg (25 stone). He brought a discrimination case against his employers of 15 years, Billund local authority, after he was sacked four years ago. The authority said a fall in the number of children meant Mr Kaltoft was no longer required. But Mr Kaltoft said he was dismissed because he was overweight. 'No problems' Earlier this year, he told the BBC that reports that he was so fat he was unable to bend down to tie children's shoelaces were untrue. 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. It's not OK just to fire a person because they're fat, if they're doing their job properly." The Danish courts asked the European Court of Justice (ECJ) to clarify whether obesity was a disability. The ECJ ruled that if the obesity of the worker "hinders the full and effective participation of that person in professional life on an equal basis with other workers", then obesity can fall within the concept of "disability". Rulings from the European Court of Justice are binding for all EU member nations. The courts in Denmark will now have to assess Mr Kaltoft's weight to see if his case can be classed as a disability. Analysis by 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. 'Wider seats' Jane Deville Almond, the chairwoman of the British Obesity Society, said obesity should not be classed as a disability. She told the BBC: "I think the downside would be that if employers suddenly have to start ensuring that they've got wider seats, larger tables, more parking spaces for people who are obese, I think then we're just making the situation worse. http://www.bbc.com/news/health-30529791
Webbo Posted 18 December 2014 Posted 18 December 2014 Great. Another excuse for people to see themselves as victims and more work for lawyers.
Guest MattP Posted 18 December 2014 Posted 18 December 2014 You have to laugh. How much do the fatties get then? Do I qualify just being normally obese or do I have to do a Homer Simpson?
Finnegan Posted 18 December 2014 Posted 18 December 2014 You have to laugh. How much do the fatties get then? Do I qualify just being normal obese? ****ing love it if you can claim more than Ken.
Webbo Posted 18 December 2014 Posted 18 December 2014 ****ing love it if you can claim more than Ken.
ScouseFox Posted 18 December 2014 Posted 18 December 2014 yeah homer simpson was the first thing that came to my mind, too. classic.
yorkie1999 Posted 18 December 2014 Posted 18 December 2014 Course it's a disability, difference is it's a self inflicted disability.
Rincewind Posted 18 December 2014 Posted 18 December 2014 ****ing love it if you can claim more than Ken. Not hard to do according to some. I think it only applies if other illnesses are involved. That is not saying that I defend people that become obese by their own hands and do little to reduce their weight. Sometimes I imagine there is a medical reason for obesity but I am not qualified so may follow suit with others and say fatties are fat because they want to be and stuff chocolate down their gullet everyday.
MooseBreath Posted 18 December 2014 Posted 18 December 2014 A moment on the lips, one doughnut closer to retirement.
Guest MattP Posted 18 December 2014 Posted 18 December 2014 ****ing love it if you can claim more than Ken. Hahaha! Both sat in the Kings Head on a Tuesday morning. Got to be looked into this, bollocks to paying 2k to upgrade to first class now, book standard and if I struggle for room they either move me up front or Weinstein, Weinstein and Weinstein can start the court action on legal aid. How dare they treat the disabled with such contempt. I was feeling guilty about scoffing a whole battenburg cake last night as well.
Rocket-Ron Posted 18 December 2014 Posted 18 December 2014 Time to crack open that tin of Quality Street.
MPH Posted 18 December 2014 Author Posted 18 December 2014 Course it's a disability, difference is it's a self inflicted disability. Hopefully the ruling can make a difference between obesity inducing medical conditions like HYPOthyroidism or Chronic Heart failure and people who just stuff their faces out of choice...
Guest MattP Posted 18 December 2014 Posted 18 December 2014 Course it's a disability, difference is it's a self inflicted disability. Leave fat people alone, they already have enough on their plate.
Phube Posted 18 December 2014 Posted 18 December 2014 Still one of the best, most quotable episodes!!
Carl the Llama Posted 18 December 2014 Posted 18 December 2014 EU be so cray cray... I don't think anyone can seriously argue that being obese isn't a disability, regardless of how it occurred. I also think it's a bit disingenuous to put it down purely to food habits: I eat a lot without exercising - most days I have at least one meal where I regret the sheer portion size pumped down my gullet, and most days at work I'll have a greasy pie of some sort - yet I'm still very much an average weight, nowhere near rendering myself incapable to perform tasks by virtue of bulk. While eating a lot will obviously make you heavier, I think a lot of people conflate cause and effect on this issue and would be better off looking at the amount of food obese people eat as a symptom instead, you do after all need a lot of nutrients to sustain such large masses.
Saxondale Posted 18 December 2014 Posted 18 December 2014 The bit about giving fatties special parking spaces is the best. Giving them even more opportunities to not have to walk far - cracking idea.
Hollism Posted 18 December 2014 Posted 18 December 2014 No problem with giving fatties their own parking space. Make it just like regular disabled bays, but at the far end of the car park.
absolutelegend Posted 19 December 2014 Posted 19 December 2014 From the headline alone, please please please let us leave the eu
potter3 Posted 19 December 2014 Posted 19 December 2014 Fat people get two seats but tall people still have to spend hours crammed into a space clearly too small for them?
Mike Oxlong Posted 19 December 2014 Posted 19 December 2014 Poor fatties. Not only are they classified as disabled but they're pretty niffy too.
1993fox Posted 19 December 2014 Posted 19 December 2014 Obese people taking up benefits because of their own misbehavior ain't right. But anyway, this is what happens when you let feminists take over the world
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