{"id":75125,"date":"2014-12-18T12:01:59","date_gmt":"2014-12-18T12:01:59","guid":{"rendered":"http:\/\/4cd.e16.myftpupload.com\/?p=75125"},"modified":"2014-12-18T12:01:59","modified_gmt":"2014-12-18T12:01:59","slug":"obesity-disability-eu-courts-rule","status":"publish","type":"post","link":"https:\/\/citifmonline.com\/?p=75125","title":{"rendered":"Obesity &#8216;could be a disability&#8217; &#8211; EU courts rule"},"content":{"rendered":"<p>Obesity can constitute a disability in certain circumstances, the EU&#8217;s highest court has ruled.<\/p>\n<p>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.<\/p>\n<p>The court said that if obesity could hinder &#8220;full and effective participation&#8221; at work then it could count as a disability.<\/p>\n<p>If employers suddenly have to start ensuring that they&#8217;ve got wider seats, larger tables, more parking spaces for people who are obese, I think then we&#8217;re just making the situation worse.\u201d<\/p>\n<p>Judges said that obesity in itself was not a disability &#8211; but if a person had a long term impairment because of their obesity, then they would be protected by disability legislation.<\/p>\n<p>The case centres around childminder Karsten Kaltoft who weighs about 160kg (25 stone).<\/p>\n<p>He brought a discrimination case against his employers of 15 years, Billund local authority, after he was sacked four years ago.<\/p>\n<p>The authority said a fall in the number of children meant Mr Kaltoft was no longer required.<\/p>\n<p>But Mr Kaltoft said he was dismissed because he was overweight.<\/p>\n<p><strong>&#8216;No problems&#8217;<\/strong><\/p>\n<p>Earlier this year he told the BBC that reports he was so fat he was unable to bend down to tie children&#8217;s shoelaces were untrue.<\/p>\n<p>Describing his work with children, he said: &#8220;I can sit on the floor and play with them, I have no problems like that.<\/p>\n<p>&#8220;I don&#8217;t see myself as disabled. It&#8217;s not OK just to fire a person because they&#8217;re fat, if they&#8217;re doing their job properly.&#8221;<\/p>\n<p>The Danish courts asked the European Court of Justice (ECJ) to clarify whether obesity was a disability.<\/p>\n<p>The ECJ ruled that if the obesity of the worker &#8220;hinders the full and effective participation of that person in professional life on an equal basis with other workers&#8221;, then obesity can fall within the concept of &#8216;disability&#8217;.<\/p>\n<p>Rulings from the European Court of Justice are binding for all EU member nations.<\/p>\n<p>The courts in Denmark will now have to assess Mr Kaltoft&#8217;s weight to see if his case can be classed as a disability.<\/p>\n<p><strong>&#8216;Wider seats&#8217;<\/strong><\/p>\n<p>Jane Deville Almond, the chairwoman of the British Obesity Society, said obesity should not be classed as a disability.<\/p>\n<p>She told the BBC: &#8220;I think the downside would be that if employers suddenly have to start ensuring that they&#8217;ve got wider seats, larger tables, more parking spaces for people who are obese, I think then we&#8217;re just making the situation worse.<\/p>\n<p>&nbsp;<\/p>\n<p>Source: BBC<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Obesity can constitute a disability in certain circumstances, the EU&#8217;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 &#8220;full and effective participation&#8221; at work then [&hellip;]<\/p>\n","protected":false},"author":14,"featured_media":75126,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jnews-multi-image_gallery":[],"jnews_single_post":[],"jnews_primary_category":[],"jnews_social_meta":[],"jnews_override_counter":[],"footnotes":""},"categories":[],"tags":[15,7],"class_list":["post-75125","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","tag-chinese","tag-togbe-afede-xiv"],"_links":{"self":[{"href":"https:\/\/citifmonline.com\/index.php?rest_route=\/wp\/v2\/posts\/75125","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/citifmonline.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/citifmonline.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/citifmonline.com\/index.php?rest_route=\/wp\/v2\/users\/14"}],"replies":[{"embeddable":true,"href":"https:\/\/citifmonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=75125"}],"version-history":[{"count":0,"href":"https:\/\/citifmonline.com\/index.php?rest_route=\/wp\/v2\/posts\/75125\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/citifmonline.com\/index.php?rest_route=\/wp\/v2\/media\/75126"}],"wp:attachment":[{"href":"https:\/\/citifmonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=75125"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/citifmonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=75125"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/citifmonline.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=75125"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}