Dane gets obesity legally declared a disability

Took firing for being fat to the highest court, and won

The European Court of Justice has ruled that being fat "can constitute a disability" under EU equality at work legislation. The judgement was arrived at in a case brought by Karsten Kaltoft, a former childcare worker in Billund.

“Obesity can constitute a ‘disability’ within the meaning of the Employment Equality Directive,” read the ruling from the court. “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.”

The law change could lead to employers in EU member states being required to supply obese workers with adjustments like larger seats, special parking spaces and more.

Fewer kids, not more fat, the reason, says council 
Kaltoft brought the case after he was fired four years ago from his job with the Billund municipality, he says, because they felt he was too fat. He had been at his job working with kids for 15 years.

Kaltoft is 172 cm tall and weighed about 160 kilos when he was fired. The municipality denied that he was let go because of his girth, and cited a dropping birthrate and less need for childcare helpers as the reason.

The union FOA took Kaltoft’s case against Billund to the court in Kolding, who then asked the EU for a ruling. Municipal association, KL, who defended Billund in court, said that the decision would not have an immediate impact in Denmark, because Danish employees are already protected against arbitrary dismissal, and employers cannot fire the overweight if they can do their jobs.

The case for Velcro
Reports during the case alleged that Kaltoft had to ask other employees to help tie children’s shoelaces. He denied that he was unable to perform his duties.

The EU court did not define what level of Body Mass Index (BMI), the measure used to calculate the degree of obesity, would be required to classify someone as disabled and said that decisions should be made on a case-by-case basis.

READ MORE: Company blasted for sending teens abroad for obesity ops

Kaltoft had a BMI of 54, which is beyond the high-end range and indicates morbid obesity, when he was dismissed. Lawyers following the case have warned that the lack of specific guidelines will be a problem in years to come.

TOP STORIES

  • Bestselling author of ‘The Year of Living Danishly’ Helen Russell on why she moved back to the UK after 12 years

    Bestselling author of ‘The Year of Living Danishly’ Helen Russell on why she moved back to the UK after 12 years

    After more than a decade living in Denmark, Russell shares why she made the move, how she’s coping, what she already misses, and the exciting new projects she’s working on. “It’s been a very tough decision. I love Denmark, and it will always hold a special place in my heart,” she says.

  • Denmark launches first AI supercomputer

    Denmark launches first AI supercomputer

    The new Gefion AI supercomputer is one of the world’s fastest and will accelerate research and provide new opportunities in Danish academia and industry.

  • Navigating big love, big moves and big feelings

    Navigating big love, big moves and big feelings

    Experts believe it takes seven years to move into a new culture, according to leading Danish psychologist Jette Simon and therapist Vibeke Hartkorn. For expat couples, the challenges of starting a new life together in Denmark can put pressure on relationships, but emotions-focused therapy can help.

  • More and more Danes are working after retirement age

    More and more Danes are working after retirement age

    Politicians debate a lot these days about when you can retire. The reality shows that an increasing number of Danes like to work, even if they can withdraw from the labor market. Financial incentives help.

  • Environmental activist fears death in prison if extradited to Japan

    Environmental activist fears death in prison if extradited to Japan

    Canadian-born environmental activist Paul Watson has been in prison in Greenland for almost 100 days awaiting an extradition decision for a 14-year-old offence against a Japanese whaling vessel that he calls a “minor misdemeanor”. The 73-year-old had previously passed through Ireland, Switzerland, Monaco, France and the USA without trouble, before Greenlandic police arrested him in July.

  • Denmark too slow to ease recruitment rules for non-EU service workers, say industry associations

    Denmark too slow to ease recruitment rules for non-EU service workers, say industry associations

    When the Danish government in January presented the first of its schemes to make it easier to recruit foreign labour from outside the EU, it was hailed by the healthcare and service sectors as a timely and important policy shift. But while healthcare changes have been forthcoming, the service sector is still struggling, say the directors of the industry association Dansk Industri and one of the country’s largest private employers ISS.

Connect club

Connect Club is your gateway to a vibrant programme of events and an international community in Denmark.

Sign up here

Career

  • Come and join us at Citizens Days!

    Come and join us at Citizens Days!

    On Friday 27 and Saturday 28 of September, The Copenhagen Post will be at International Citizen Days in Øksnehallen on Vesterbro, Copenhagen. Admission is free and thousands of internationals are expected to attend

  • Diversifying the Nordics: How a Nigerian economist became a beacon for inclusivity in Scandinavia

    Diversifying the Nordics: How a Nigerian economist became a beacon for inclusivity in Scandinavia

    Chisom Udeze, the founder of Diversify – a global organization that works at the intersection of inclusion, democracy, freedom, climate sustainability, justice, and belonging – shares how struggling to find a community in Norway motivated her to build a Nordic-wide professional network. We also hear from Dr. Poornima Luthra, Associate Professor at CBS, about how to address bias in the workplace.

  • Lolland Municipality launches support package for accompanying spouses

    Lolland Municipality launches support package for accompanying spouses

    Lolland Municipality, home to Denmark’s largest infrastructure project – the Fehmarnbelt tunnel connection to Germany – has launched a new jobseeker support package for the accompanying partners of international employees in the area. The job-to-partner package offers free tailored sessions on finding a job and starting a personal business.

Want to advertise your job with CPH Post?

Contact us

Jobs