Obesity recognized as a disability by the European Court
It is a fact that those who suffer from considerable overweight know very well, it is that this disease is a source of discrimination of all kinds. On a daily basis, during the practice of leisure activities, walks or during meals, an accusing eye, focused on “the big one”, is never far away.
Shame, embarrassment or even guilt can then invade those who are the victims of this pathology. And this phenomenon is widespread in all countries, because this is indeed a global public health problem.
The Court of Justice of the European Union has issued a judgmentthat takes into account the suffering of these individualson a daily basis, but it goes even further, because this decision concerns, quite simply, their well-being in the context of their work.
Important: This article is afollow-up to this article (of June 12, 2014) as well asthis one (of July 17, 2014) which already dealt with the same subject.
Facts
In the summer of 2014 in Denmark, Mr Karsten KALTOFT, a childminder, complained of being the victim of unlawful discrimination solely because of his obesity. This employee, who weighs more than 160 kilos, is asking the municipality of his city, Billund, to compensate for his injury. The Danish justice affirms that the overweight is of its own making and the case is then seized by the Court of Justice of the European Union: it is necessary to know if the European law then applies and prohibits this kind of stigmatization.
The EU Court overturns discrimination but clarifies thatif it is based on disability, then it is reprehensible. And this is the case of morbid obesity!
Thus, this Thursday, December 18 at the end of 2014, this disease, more and more widespread, is recognized as disabling. To the extent that:
- The state of obesity forces the overweight employee to a physical limitation that hinders full participation in his professional environment.
- That, in relation to other employees, the overweight worker suffers from a disability that limits him in time.
- And that finally this reduced mobility leads to a genein the accomplishment of his professional activity, then obesity is a handicap and is therefore not the fact of the person who suffers from it.
Opinions are divided, the consequences multiple
Mr Karsten KALTOFT’s approach was supported by the Danish trade union “Forbundet af Offentligt Ansatte”. For them this decision is a great victory. But for Jacob Sand, the employer’s lawyer, this argument is nonsense insofar as the person hired must be able to assume his work for which he is under contract. To the extent that overweight becomes afactor of disability, obesity can be a reason for dismissal. The obese is no longer able, because of his incompetence and unavailability, to perform the tasks for which he is paid.
Thus, in the eyes of some, the consequences will be catastrophic and unprecedented since, with this decision, companies will have to adapt “dare dare” to overweight people who are now entitled to challenge their ill-being in the environment. of the company. It is therefore up to the business structure and its furniture to “mould” to overweight peopleand not the otherway around . Pandora’s box is open but the spokesperson, Mr. Tan FRY of the National Obesity Forum, expects member states to challenge this decision taken too lightly. According to them, the entire economy is likely to be affected by such a decision. The case is therefore to follow…
Stephen Paul is the lead author and founder of My Health Sponsor. Holder of a diploma in health and well-being coaching with more than 200 articles in the field of health, he makes it a point of honor to offer advice based on reliable information, based on scientific research, and verified by health professionals.