The European Court of Justice pronounced a breakthrough judgment in the field of equal treatment of employees. In its final opinion on the dismissal case of the obese Danish childminder Karsten Kaltoft the court concluded: “While no general principle of EU law prohibits, in itself, discrimination on grounds of obesity, that condition falls within the concept of ‘disability’ where, under particular conditions, it hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers.“ This resolution is binding for all member countries.
Karsten Kaltoft had worked for 15 years for the Municipality of Billund, Denmark as a childminder. His work involved taking care of children in his house. In 2010, the municipality terminated his employment contract because of a decrease in the number of children taken care of. The employer, however, did not explain why Kaltoft was chosen to be dismissed. The Fag og Arbejde, a workers’ union acted on behalf of Karsten Kaltoft, by bringing proceedings before a Danish court seeking a declaration of possible discrimination as well as a right to compensation, which ended at the European Court of Justice.
Non-discrimination is a fundamental right of EU citizens
“Throughout the duration of his employment contract, Mr. Kaltoft was considered obese under the definition of the World Health Organization (WHO). Although Mr. Kaltoft’s obesity was mentioned during a meeting on his dismissal, the parties were in disagreement over the manner in which that issue was discussed,” The European Court of Justice explains in its press release.
The Council Directive 2000/78/EC of 27th November 2000, which established a general framework for equal treatment in employment and occupation, does not prohibit discrimination on grounds of obesity as such. However, according to the European Court of Justice, the concept of “disability”, within the meaning of the directive, must be understood as referring to a limitation which results in a particular form of a long-term physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers. And that was the case of Karsten Kaltoft.
The full text of the judgment, together with further information, is available online on the CURIA website here.
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