A landmark ruling from none other than the European Court of Justice is set to change the way we view and define obesity. According to its judgment, it may be considered as a disability if the person is unable to fulfil his work obligations properly.
This ruling came about after a man from Denmark filed a case against his employer he believed had fired him because of his weight. Karsten Kaltoft was working as a child minder for Billund about four years ago when he was fired. Based on the statement of the local authority, which served as his employer, the number of children to tend to dropped during that period, so he was let go. For Kaltoft, however, it was an issue of his weight-he was about 160 kg at the time-and that the employer had purposely discriminated him for that. It also didn't help that he heard rumours about he he's unable to tie the shoelaces of children.
He countered that despite his weight, he's still able to sit on the floor and play with the kids. There's also no truth to the story circulating. He brought his case to the Danish courts, which then escalated the issue to European Court of Justice (ECJ). ECJ then ruled that it may be considered as a disability if it prevents the person from doing his or her work in the same manner as other workers.
This ruling is considered historical for a number of reasons. First, as the highest court in the European Union, the decision will apply to other member nations aside from Denmark. Second, it may have a profound effect on existing policies related to work, such as anti-discrimination laws and disability coverage.
In an analysis by BBC's legal correspondent Clive Coleman, the ruling may also mean that employers and businesses such as restaurants and cinemas may have to make some adjustments such as special seats.
Although ruling doesn't completely define obesity as a disability through and through, Mr. Kaltoft doesn't consider himself as one.
