Court of Justice of the European Union finds that obesity may be a ‘disability’ for the purposes of the Equal Treatment Directive

The Court of Justice of the European Union delivered its long-awaited decision in Case C-354/13 Karsten Kaltoft v Municipality of Billund. In this case, the Court found that in certain circumstances, the obesity of a worker will constitute a ‘disability’ for the purposes of the Equal Treatment Directive, which is transposed in Ireland by the Employment Equality Acts.

The claimant in Kaltoft had worked as a child minder in his local council in Denmark for 15 years until 2010, when his employment was terminated due to a reduction in demand for child minding services. His body mass index was 54, and it was undisputed by the parties that the claimant was 'obese', as defined by the World Health Organisation. He claimed that during his dismissal, he had been discriminated against on the basis of obesity, and that he ought to receive compensation for that discrimination. The Danish District Court in Kolding decided to stay the proceedings and refer the case to the Court of Justice of the European Union, asking whether EU law prohibits discrimination on grounds of obesity, and whether obesity could be considered to be a ‘disability’ for the purposes of the Equal Treatment Directive.

While the Court found that EU law does not lay down a general principle of non-discrimination on grounds of obesity in the context of employment and occupation, the Court found that obesity may be a ‘disability’ in some circumstances. The Court noted that the concept of disability must be understood as referring to 'a limitation which results in particular from long-term physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers’. According to the Court, the concept of disability must be understood as referring not only to the impossibility of exercising professional activity, but also to the hindrance of exercising professional activity. 

The Court stated that the concept of disability within the meaning of the Directive does not depend on the extent to which the person may have contributed to the onset of his disability. This is consistent with the position taken in our Employment Equality Acts. 

The Court held that while obesity does not in itself constitute a 'disability’ for the purposes of the Equal Treatment Directive, a worker’s obesity will constitute a 'disability' for the purposes of that Directive where it entails a limitation resulting in particular from (i) long term (ii) physical, mental or psychological impairments, (iii) which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life (iv) on an equal basis with other workers.

While this decision provides welcome guidance from Europe's highest Court of the circumstances where obesity can constitute a ‘disability’, in our view, it is likely that an Irish Court or Tribunal would have come to a similar conclusion given the broad definition of ‘disability’ in the Irish Employment Equality Acts. 

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