A survey conducted by the University of Washington's Institute for Health Metrics revealed that almost 30 percent of the world's population has weight problems. The United States, in particular, is facing an obesity epidemic with more than 6 percent of its population categorized as morbidly obese, or having a body mass index greater than 40.
With the growing prevalence of obesity comes a growing problem in the workplace with overweight workers encountering problems that hinder their capability to accomplish some of their tasks. Such was what happened to Karsten Kaltoft, a Danish childcare worker who argued that his obesity was among the reasons why he was fired from his job and that this was tantamount to discrimination, a case that led to a landmark decision by Europe's top court.
On Tuesday, the Court of Justice of the European Union ruled out that obese individuals can be considered disabled. The court cited that the EU employment law did not prohibit discrimination on the basis of obesity and that the legislation should not be extended to make this a protected category.
The court, however, said obesity can be considered a disability and covered by anti-discrimination laws should the condition hampers "full and effective participation of that person in professional life on an equal basis with other workers." The ruling means that obese workers whose weight prevents them from performing tasks at work are entitled to disability protection. Employers across Europe take interest in this because the decision is tied to a number of implications.
For one, employers may have to make several adjustments that include providing bigger tables and seats, and a special parking area for their obese employees, as well as protect them from verbal harassments. It also means that employers would have to find ways so that their overweight workers are not placed at a disadvantage to their thinner colleagues.
"This test could mean that businesses face claims from obese staff for failing to make reasonable adjustments to their role if the job entails tasks where they would be on an unequal footing with other staff - tasks that require full mobility such as stacking shelves in a supermarket for example," said Julian Hemming, from the law firm Osborne Clarke.
The ruling also appears to have wider implications that establishments would have to make reasonable adjustments for their overweight customers such as providing them with special seating arrangements and enough number of seats.
