EU's top court may define obesity as a disability

[Hammock Parties]

http://www.bbc.com/news/world-europe-27809242

The EU's top court is considering a test case which could oblige employers to treat obesity as a disability.

Denmark has asked the European Court of Justice to rule on the case of a male childminder who says he was sacked for being too fat.

Karsten Kaltoft weighs about 160kg (25 stone; 350 pounds). He told the BBC that "bad habits" had made him fat but that his size was "no problem" at work.

The court's final ruling will be binding across the EU.

It is seen as especially significant because of rising obesity levels in Europe and elsewhere, including the US. A survey in England in 2012 found that more than half of adults were obese or overweight.

The Danish courts asked the ECJ judges in Luxembourg to clarify European law in Mr Kaltoft's case.

'Doing job properly'


In an interview with the BBC World Service, Mr Kaltoft denied reports that he was unable to bend low enough to tie children's shoelaces.

Describing his work with children, he said: "I can sit on the floor and play with them, I have no problems like that."

"I don't see myself as disabled," he said. "We hope the outcome is that it's not OK just to fire a person because they're fat, if they're doing their job properly."

When asked if his employer, Billund local authority, had done anything to help him, he said they had paid for him to go to a gym for three months.

"I tried regular exercise. Of course I don't run a marathon, but weight training: I did that, it was OK," he said.

He worked for Billund authority for 15 years and was dismissed, the authority said, because there was a decline in the number of children. No further explanation was given as to why he was selected for dismissal.

Future obligations?

Audrey Williams, an employment discrimination expert at Eversheds law firm, said the judges would have to decide "whether obesity itself should trigger preferential rights, or should only impact where an individual, due to obesity, has other recognised medical issues".

If the judges decide it is a disability then employers could face new obligations, she told the BBC.

Employers might in future have a duty to create reserved car parking spaces for obese staff, or adjust the office furniture for them, she said.

The judges will have to decide whether obesity is covered under the EU's Employment Equality Directive, which outlaws job discrimination on grounds of disability.

[BWillie]

Great News! Time to get obese, move to Seattle, work at McDonalds for minimum wage of $15 an hour.

[BigRedChief]

[sd4chiefs]

They should make every parking space a handicap parking space.

[saphojunkie]

These people are in for a rude awakening whenever society falls apart.

[ptlyon]

Originally Posted by saphojunkie

These people are in for a rude awakening whenever society falls apart.

More for us. Easy pickins.

Someone should post a "Favorite Ethnic for Food" thread

[Garcia Bronco]

LOL

[blaise]

75% of our country would be disabled.

[FlaChief58]

Move the fatty parking as far away from the building as possible. At least they'll get a little exercise as they waddle to and from work

[ptlyon]

Originally Posted by Flachief58

Move the fatty parking as far away from the building as possible. At least they'll get a little exercise as they waddle to and from work

Awesome idea.

If this ever happens now I have an awesome idea for a combination hot dog/ice cream cart business.

[listopencil]

Originally Posted by ptlyon

More for us. Easy pickins.

Someone should post a "Favorite Ethnic for Food" thread

Hmm. I wonder if there are different marbling characteristics in different ethnicities.

[listopencil]

I'm on to something:

Research article Ethnic differences in body fat distribution among Asian pre-pubertal children: A cross-sectional multicenter study

-snip-


Results

After controlling for height and weight, Chinese and Thai children had a significantly higher WC than their Lebanese and Malay counterparts. Chinese and Thais tended to have higher trunk fat deposits than Lebanese and Malays reflected in trunk SFT, trunk/upper extremity ratio or supraspinale/upper extremity ratio after adjustment for age and total body fat. The subscapular/supraspinale skinfold ratio was lower in Chinese and Thais compared with Lebanese and Malays after correcting for trunk SFT.



-snip-


http://www.biomedcentral.com/1471-2458/11/500