Morbid obesity may amount to a ‘disability’
By Connie Cliff
Does the fact that a person who is obese mean they are, or could be, ‘disabled’ for the purposes of the Equal Treatment Directive implemented in the UK under the Equality Act 2010? If their obesity affects their ability to carry out normal day-to-day activities, should they be protected from discrimination because they are overweight?
On 17 July 2014, the advocate-general in the Danish reference of Kaltoft advises:
‘While there is no general principle of EU law prohibiting discrimination on grounds of obesity in its own right, morbid obesity may come within the meaning of “disability” if it is of such a degree as to hinder full participation in professional life on an equal footing with other employees.’ …
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
The defence of illegality – which prevents a claimant from bringing a claim that arises out of its own illegal acts – can’t be used where the company is claiming against its directors.
Principle of the free movement of capital upheld in recent decision.