Employment law 2014 preview: health
Does the fact that a person is obese mean they are, or could be, ‘disabled’? The Court of Justice of the European Union (CJEU) has been asked by Denmark whether discrimination on the grounds of obesity is contrary to EU law, specifically whether obesity can be deemed to be a handicap covered by the relevant Council Directive (which the EA 2010 implements in the UK).
It will be interesting to see whether the CJEU takes a restrictive approach or takes note of the recent decision of the American Medical Association to categorise obesity as a ‘disease’ rather than a condition, which may make it more likely that the US courts consider obese workers to be covered by the Americans with Disabilities Act.
If obesity itself can give rise to discrimination claims, rather than impairments that are a consequence of being obese, what difference will this make? It will mean that, in addition to having a duty of care to make reasonable adjustments for those who suffer from physical or mental impairments as a result of being obese, employers are required to make adjustments where workers have difficulty carrying out normal day-to-day activities simply because they are obese…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
Bot has proposed that the Court of Justice should dismiss both of Spain’s applications for the annulment of EU regulations relating to the Unitary Patent package.
What issues do workers of different ages face when trying to enter the workforce?