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- Jo Faragher
His case will begin to be heard by the European Courts of Justice today, and could make legal history.
Karsten Kaltoft, an overweight Danish childminder, was sacked by the council that employed him because it claimed he could not perform his duties due to his size. Now that the Danish courts have referred the issue to the ECJ, its decision could set a precedent across all EU states for employers to treat obesity like any other disability.
If his discrimination claim is successful, employers across Europe could be made to make reasonable adjustments for obese staff in the same way they are obliged to for other physical and mental disabilities. This could include anything from offering reserved parking.
In addition, recruiters and employers would be prevented from treating an employee less favourably because of their weight. This would include a risk of discrimination if they dismiss someone due to factors linked to their weight.
Most recruiters and their clients already have wide-ranging diversity policies in place and policies drawn up to deal with staff who have or encounter a disability.
Suddenly, if Kaltoft’s case is successful, it seems as though a far greater proportion of the workforce could be covered by disability discrimination law. After all, statistics show that the UK population is getting bigger all the time – 64% of UK adults are classed as overweight or obese.
In the US, several recent cases have resulted in dismissed workers successfully claiming they were discriminated against for being obese. For example, a worker in Texas who weighed more than 48st received $55,000 in compensation for losing his job.
Audrey Williams, a partner at the law firm Eversheds, offers some practical advice. “Employers will no doubt watch the outcome of this latest litigation with interest. They will also be all too aware that the issue at its heart is one which will need to be broached on a practical level with sensitivity, whatever the legal position.“
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