Severe obesity as a disability within the meaning of the Anti-Discrimination Directive. ECJ 18.12.2014 - C 354/13 (Kaltoft)

The ruling of the European Court of Justice was based on the dismissal for operational reasons of a municipal employee, Mr. Kaltoft, who had worked as a childminder for 15 years. Mr. Kaltoft weighed over 160 kg with a height of 172 cm, which corresponds to a body mass index (BMI) of over 54. The plaintiff assumed that the dismissal was discriminatory as it was due to his overweight.

The Danish court then referred the case to the European Court of Justice and asked whether discrimination on the grounds of obesity is prohibited and whether obesity is at least a disability within the meaning of European Directive 2007/78/EC. Advocate General Jääskinen, who was responsible at the ECJ, suggested that a disability should be assumed from a BMI of 40 or more.

The European Court of Justice ruled that obesity can constitute a disability within the meaning of European anti-discrimination law. However, the ECJ did not want to set a rigid limit from a BMI of 40. According to the ECJ, a disability within the meaning of the directive exists if restrictions due to obesity are the result of long-term physical, mental or psychological impairments and may prevent the person concerned from participating fully and equally in working life. This is particularly the case if an employee's mobility is restricted due to obesity and if medical conditions resulting from the obesity occur that prevent or impair the employee from working.

Although the ECJ does not draw a clear line as to when obesity is to be considered a disability, it can nonetheless be a disability if the aforementioned criteria of restricted mobility and weight-related medical conditions are present. This means that employees who are very overweight will in future be able to invoke the anti-discrimination provisions applicable to disabled persons, as mobility restrictions will usually be present.