On Thursday, 12th June 2014, the European Court of Justice heard a landmark discrimination case brought by Karsten Kaltoft of Denmark. Mr. Kaltoft alleged that he was discriminated against when he was dismissed by his employer due to his weight (approximately 25 stone). The case was the first of its kind to be referred to the EU and was expected to have extensive consequences.

The Danish man had been employed by Billund local authority as a child-minder. Kaltoft claimed that his weight did not affect his ability to perform his duties; however, the Court heard that he required assistance from a colleague for certain tasks, such as tying a child’s shoelaces.

The central question before the European Court of Justice (ECJ) was whether or not Mr. Kaltoft’s obesity could be classified as a “disability” under EU law.

The Court ultimately ruled that while obesity itself is not a disability, it can be considered a disability if it causes a long-term impairment that hinders full participation in professional life. This decision clarified how EU law should interpret obesity in the context of disability discrimination and is binding across all EU member states, including Ireland.

As a result of the ECJ’s ruling, employers across Europe must now consider whether an obese employee’s condition substantially limits their ability to work — and if so, they may be legally required to make ‘reasonable’ adjustments in the workplace. These might include provisions such as preferential parking, adjusted seating, or other accommodations similar to those made for individuals with disabilities.

The decision set an important precedent across the EU and signaled a shift in how obesity-related workplace discrimination is handled. Though the UK courts had previously rejected obesity as a disability in its own right, the ECJ ruling compels all member states to adhere to its interpretation under the Employment Equality Directive.

According to a 2011 Oireachtas Library & Research Service report, ‘Obesity – a growing problem’, a staggering 61% of adults in Ireland are overweight or obese.

Body Mass Index (BMI), a measure based on height and weight, defines anyone with a BMI of 30 or more as clinically obese.

Employers should take note of the ECJ’s decision in the Kaltoft case, as it has established a significant precedent that could have far-reaching implications for employment law and workplace practices across Europe.