In a judgment handed down today December 18, the CJEU confirmed that EU law does not consider obesity itself as grounds for discrimination. Nonetheless when obesity constitutes a disability, then the worker can invoke grounds for discrimination.
The reference case concerns a Danish child-minder who alleged that his employer had terminated his employment contract because he was obese and his obesity was the equivalent of a disability and so grounds for discrimination based on disability. The Council Directive 2000/78/EC established a general framework for equal treatment in employment and occupation and prohibits any and all discrimination based on disability.
The judges in Luxembourg upheld the conclusions made by Advocate General Niilo
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