European Employment Law Cases

Case Reports

2017/4 Obesity may constitute a disability even if it is falsely presumed (BE)

Keywords Discrimination, Disability
Authors Gautier Busschaert
Author's information

303170 Gautier Busschaert
Gautier Busschaert is an attorney at Van Olmen & Wynant in Brussels, www.vow.be.
  • Abstract

      For the first time, a Belgian court has relied on the Kaltoft case, which holds that obesity may constitute a disability. That case gives rise to protection against discrimination, according to the Labour Tribunal of Liège, even if it is falsely presumed. This is the case where an employer sends an email to an applicant stating that the applicant cannot be hired because his or her obesity is a disability in relation to the job.

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