Obesity could be a disability

A Danish child care professional set the wheels in motion for the EU courts to rule obesity a disability.

In certain circumstances obesity can constitute a disability, the EU's highest court has ruled.

The case of a male childminder in Denmark who says he was fired for being too fat, prompted the case to come before The European Court of Justice.

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.

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 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,” said Clive Coleman, the BBC's legal correspondent. “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.”

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