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EU's Top Court May Define Obesity As a Disability

mrspoonsi (2955715) writes The EU's top court is considering a test case which could oblige employers to treat obesity as a disability. Denmark has asked the European Court of Justice to rule on the case of a male childminder who says he was sacked for being too fat. The court's final ruling will be binding across the EU. It is seen as especially significant because of rising obesity levels in Europe and elsewhere, including the US. If the judges decide it is a disability then employers could face new obligations. Employers might in future have a duty to create reserved car parking spaces for obese staff, or adjust the office furniture for them, she said.

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  1. Re:on behalf of america by Frobnicator · · Score: 4, Interesting

    I disagree.

    I don't think it is a matter of "more rights", any more than you get "more rights" when you turn 40 and enter that legally protected class in the US.

    Almost all discrimination is legal. There are very few things you cannot legally discriminate against.

    In an idealized world, people get jobs because they can do the job. They can keep the job as long as they do it well. The only factor used to discriminate (=differentiate) is the ability to do the job.

    In the real world, once the field is narrowed people get interviewed and decisions get made based on tons of factors. How people look doesn't really matter to most technical workers, but would you rather hire the ideal-weight handsome person, or the 450 pound ugly guy?

    We discriminate all the time, and do it legally. Employers discriminate based on education, based on job history. We discriminate based on regional accents, and hair styles, and body language. Those aren't protected classes. Employers discriminate based on all kinds of factors that have nothing to do with the job, even your cologne choice at an interview can make the difference between the person hired and the person told "no". People discriminate based on body fat. Currently it is not a protected status, so the discrimination is currently acceptable. That one might be changing.

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