European Employment Law Cases

Case Reports

2021/6 Conclusion of the ECJ case on whether obesity may constitute a disability (DK)

Keywords Disability Discrimination
Authors Christian K. Clasen
Author's information

Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding.
  • Abstract

      In 2014, the ECJ was presented with a preliminary reference from the District Court in Kolding on the matter of whether EU law provides protection against discrimination on grounds of obesity with regard to employment and occupation. Following the ECJ’s ruling, first the District Court and later the High Court found that an employee’s obesity as such did not constitute a disability within the meaning of Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation since his obesity had not constituted a limitation or inconvenience in the performance of his job.

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