While the judges acknowledged that being overweight is not in and of itself a form of disability, their decision is intended to protect against discrimination against obese people in the workplace. The case was first brought by a severely overweight child-care worker in Denmark four years ago, who claims he was dismissed because his employer felt he had become too large to do his job effectively – after he’d been in the position for 15 years.
The Danish courts referred the case to the ECJ in Luxembourg, whose decision is now binding across all members of the EU. Even though, ironically, the ultimate decision as to whether the Danish plaintiff was the victim of discrimination because of his size reverts to the Danish justice system to decide, the decision is seen to have far-reaching ramifications throughout the EU.
As many already do in the U.S., European companies may have to make some accommodations for their plus-sized employees, to avoid future lawsuits.