Meaning of disability and reasonable accommodation
Kaltoft C-354/13, 18 December 2014
Facts:
Mr Kaltoft was hired by one of the Danish public administrative authorities as a childminder, to take care of children in his home. He worked for 15 years as a childminder and during this whole period he was ‘obese’ as defined by the World Health Organization. He made several attempts at losing weight, with some support provided by the employer. However, Mr Kaltoft failed to fight his obesity. Shortly before his dismissal the number of children that he was supposed to take care of declined from four to three. This was an official reason of employment termination since he had authorization to carry out his professional activity with regard to four children. Mr Kaltoft was, however, convinced that the real reason was his obesity, since he was the only childminder nominated to be made redundant.
Findings of the court:
The Court underlined that neither TEU nor TFEU contain provisions which explicitly prohibit discrimination on the grounds of obesity as such. Also, there is no single EU secondary law banning such discrimination. However, The Court referred to the United Nations Convention on the Rights of Persons with Disabilities, which the EU is a party to and rrecalled that the concept of ‘disability’ must be understood as referring to a limitation which results in particular from long-term physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers. What is important, the Court underlined, is that obesity does not in itself constitute a ‘disability’ within the meaning of Directive 2000/78. However, if the obesity causes limitations that are defined by the UN Convention on the Rights of Persons with Disabilities and hinders full and effective participation of that person in professional life on an equal basis with other workers (and the limitation is a long-term one) it might be covered by the term of disability as laid down by the Directive 2000/78/EC.
Implications:
The Court ruled that it is for the national court to decide whether Mr Kaltoft’s obesity fulfilled the conditions set out in the UN Convention and generated all the limitations in his professional life. The Court set a high standard of protection against disability discrimination by recognizing that disability may occur in many forms whenever it is a reason of limitation resulting in particular from long-term physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers.