Employers should be aware that if severe obesity stops an
employee carrying out their job, it can be considered a disability,
says Katee Dias.
The problem
My employee is significantly overweight. He says he is protected
from discrimination on the grounds of his obesity. Surely this
isn't the case?
The law
The good news for employers is that there is no free-standing
protection against discrimination on the grounds of obesity. The
bad news is that the employee may be protected under disability
discrimination legislation if the obesity is long-term and it
substantially affects his or her ability to carry out work.
This question was at the heart of a recent European case called
FOA, acting on behalf of Karsten Kaltoft v Kommunernes
Landsforening, acting on behalf of the Municipality of Billund,
heard by the Court of Justice of the European Union in December
2014.
