Is obesity a ‘disability’?
By Connie Cliff
Does the fact that a person is obese mean they are, or could be, ‘disabled’ for the purposes of the Equality Act 2010? If their obesity has an impact on their ability to carry out normal day-to-day activities, should they be protected from discrimination because they are overweight?
On 12 June 2014, the Court of Justice of the European Union (CJEU) began hearing the Danish reference of Kaltoft considering whether discrimination on the grounds of obesity is contrary to EU law. In particular, whether obesity can be deemed to be a handicap covered by the relevant Council Directive (which the EA 2010 implements in the UK).
Widening the scope of protection could increase the burden on employers in managing the varying needs of the workforce. Sixty-seven per cent of men and 57 per cent of women in the UK are classed as either overweight or obese. Should the CJEU hold that obesity itself can amount to a disability, there would be a significant rise in the number of employees potentially classed as disabled and for whom an employer may potentially need to make reasonable adjustments in relation to their working conditions…
Click on the link below to read the rest of the Wragge Lawrence Graham & Co briefing.
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
Greg Standing looks at the different factors contributing to growth in UK car sales, the impact of PCP products on the industry and both the challenges and opportunities facing the industry in the future.
Wragge Lawrence Graham & Co’s non-contentious engineering and construction experts provide their top 10 tips for executing documents.