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European Union's highest court rules obesity is a disability

The ruling was issued after Danish courts asked the European Union's Court of Justice to clarify its position on obesity as a disability.

By Matt Bradwell
European Court of Justice rules obesity a protected disability. UPI/Alexis C. Glenn
European Court of Justice rules obesity a protected disability. UPI/Alexis C. Glenn | License Photo

LUXEMBOURG, Dec. 18 (UPI) -- Obese individuals in the European Union are now able to sue their employers if their weight contributed to discipline or firing, as the E.U.'s highest court issued a binding ruling Wednesday classifying obesity as a disability.

"[Obesity] 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," ruled the E.U. Court of Justice in Luxembourg on Wednesday.

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The ruling was issued in regard to the case of Karsten Kaltoft. Kaltoft sued the town of Billund, Denmark, claiming the 2010 decision to fire him from his public sector job was made because he is fat. Weighing no less than 353 pounds for the duration of his employment and with BMI of 54, Kaltoft is medically obese.

Kaltof sued his former employer in Danish court, who in turn asked the EJC to clarify the E.U.'s legal position on obesity. A ruling in Katlof's specific case has not been issued.

For his part, Katlof does not feel he is disabled, rather he wants justice for his allegedly undeserved firing.

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"I don't see myself as disabled," Katolf told BBC News.

"It's not OK just to fire a person because they're fat, if they're doing their job properly."

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