Obesity can be considered a disability: EU court rules


By Claire McCann

The Court of Justice of the European Union (CJEU) has handed down a key judgment today on the vexed question of whether obesity constitutes a disability within the meaning of EU law.


It has concluded that whilst there is no general principle of non-discrimination on grounds of obesity, the Framework Directive for Equal Treatment in Employment should be interpreted as meaning that obesity will constitute a “disability” in circumstances where it causes physical or psychological impairments which hinder the full and effective participation of the individual worker in professional life on an equal basis with other workers. 

The CJEU also made it clear that it will be for the national court to determine whether such circumstances exist. 

The judgment can be found here.