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Severe obesity may be a disability
Advocate General Jääskinen has given his opinion on the extent to which EU law protects obese workers from discrimination. He found that there is no general principle of EU law prohibiting discrimination on grounds of obesity. However, severe or morbid obesity might fall within the definition of "disability" under the Equal Treatment Framework Directive (2000/78/EC) if it hinders a worker from full and effective participation in their professional life on an equal basis with other workers.
The Advocate General reached essentially the same conclusion as the EAT in Walker v Sita Information Networking Computing Ltd UKEAT/0097/12, that obesity is not an impairment of itself but the effects of obesity may result in a claimant being disabled. (FOA, acting on behalf of Karsten Kaltoft v Kommunernes Landsforening, acting on behalf of the Municipality of Billund C-354/13.)