- Landmark test case will be heard at European Court of Justice today
- Danish childminder Karsten Kaltoft was sacked by his local authority for being unable to perform his duties because he was too fat
- Sparked debate over whether obesity should be defined as a disability
- If successful in redefining obesity as a disability, case could force huge change in the way bosses deal with staff across the EU including in the UK
- Experts argued the subject out on today’s Good Morning Britain on ITV
- Disability charity Scope asked users and supporters their views via Twitter and Facebook – and the overwhelming response was no
By
Lizzie Parry
05:57 EST, 12 June 2014
|
07:20 EST, 12 June 2014
Is obesity a disability or a self-inflicted condition triggered by a lack of willpower and overeating?
And should people who are overweight be protected by the same discrimination laws that were put in place to shield those who are wheel-chair bound, people with learning difficulties, hearing and visual impairments or those with autism spectrum disorders?
A landmark test case being brought before judges at the European Court of Justice today has sparked a vigorous debate on the issue.
The result of it may mean British companies will have to treat obese workers as ‘disabled’, making allowances for their size by providing larger seats and parking spaces closer to the office.
A landmark test case is being brought before judges at the European Court of Justice today by Karsten Kaltoft, pictured, which could result in obesity being classed as a disability for employers in the UK
Mr Kaltoft was sacked by his local authority in Denmark for being unable to perform his duties as a childminder because of his 25 stone size
Karsten Kaltoft is taking action after he was sacked by his local authority in Denmark for being unable to perform his duties as a childminder, due to his size.
The council, Billund Kommune, claimed the 25 stone childminder was so fat that he required help from a colleague to tie up children’s shoelaces.
If successful in redefining obesity as a disability, Mr Kaltoft’s lawyers could force widespread changes in the way bosses deal with staff.
Currently in the UK the law is clear, the Equality Act 2010 refrained from classing obesity as a disability.
Instead the Government definition is that a person is ‘disabled under the Equality Act 2010, if they have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on a person’s ability to do normal daily activities.’
However for many people living with a disability, they self-define themselves as such, basing their disability more on the barriers society puts in the way of them leading the life they wish.
For someone bound to a wheelchair steps to a cinema or restaurant, can provide a barrier and as a result a person is likely to class themselves as disabled.
Debating the issue on today’s Good Morning Britain, writer and broadcaster Carole Malone and journalist Ursula Hirschkorn, explored both sides of the issue.
Ms Hirschkorn said: ‘I am not sure it (obesity) should be treated as a disabilty.
‘But what he is trying to say is if you are going to have anti-discrimination laws, they need to be universal.
‘Should it distinguish between what employees you are going to protect and those you are not going to protect?
Journalist Ursula Hirschkorn (left) and broadcaster and writer Carole Malone (right) debated this issue on today’s Good Morning Britain
‘It is not about saying if I am fat I am disabled, rather it is about if I can’t do my job because I am fat, I deserve the same protection as someone who can’t do their job because they are disabled, or pregnant.’
But journalist and writer Ms Malone argued obesity is not a disability, rather a self-inflicted condition brought on by people who cannot resist the urge to eat.
When asked whether people should be protected by anti-discrimination laws because they are obese, she said: ‘Not in the case of people who self-inflict their disability.
‘In the case of this Danish guy, he was 25st. All he needed to do was eat less doughnuts and less Danish pastries and he would have been able to bend down and tie the children’s shoe laces.
Ms Malone argued in ’95 per cent of cases’ obesity is self-inflicted ‘by people lacking discipline and self-control’
‘But because he didn’t, he couldn’t. And clearly is literally not fit enough to look after those kids.
‘If you can’t bend down to tie your shoe lace you can’t help them if they fall down, you can’t react quickly enough if something happens.
‘That man was clearly not suited to that job.’
Challenging Ms Malone’s suggestion that ‘obesity is self-inflicted in 95 per cent of cases’, Ms Hirschkorn branded the statement ‘unfair’.
She said: ‘At the end of the day if you are completely drunk and take a dive into a shallow swimming pool and end up disabled, that is self-inflicted.
‘I am not saying that person should not be protected but equally you don’t know why people become fat, the vast majority of people become fat because they have psychological issues or health problems.’
Ms Malone responded: ‘That is simply not true. We are both, I would say, a bit overweight (to which Ms Hirschkorn agreed). There is no disability, no psychological problem, I am overweight.
‘The majority of people who are overweight have psychological problems, no they don’t. The majority of people who are overweight have no discipline and no self-control.’
She added: ‘The Equality Act 2010 ruled that obesity is not a disability.
‘What is going to happen if this court ruling happens, it is going to punish people who are overweight because employers will not employ fat people, or people they think might get fat.
‘Why should you get special treatment if you have abused your body knowingly – that is what a lot of obese people do.
‘People generally get fat, in 95 per cent of cases, because they eat too much.’
WHAT DO USERS OF DISABILITY CHARITY SCOPE THINK?
Disability charity Scope asked users and supporters for their views on the debate, via Twitter and Facebook, yesterday.
The overwhelming response from members of the public was that obesity should not be classed as a disability.
- Chris Percival, posted: ‘I’m sorry but I find this ridiculous and frankly offensive… In many (not all) cases obesity is preventable, and to define obesity as a disability would create problems. As a person with a disability I do everything in my power to not be defined by my disability.’
- Claire Marie Farndale, said: ‘Most people do not choose to be disabled and I am a disabled person, he has chosen not to exercise look after himself (sic), I too find this completely offensive, and disgusted that they would even think of amending the bill.’
- Chris Channon, wrote: ‘Obesity is mainly a lifestyle issue that has disabling consequences – it is not a disability in itself.’
- But Aoife Welfare Coordinator, added: ‘A physical inability to bend down is a
functional limitation to day to day life, so I can see the point they
are making…. People don’t wake up one day and decide they’re going to
eat more calories than they expend and become overweight. Whilst it is
about health behaviours, a core part of understanding the inequalities
of health is realising that people don’t all have the same levels of
choice, education and opportunity, and so can’t always make truely free
health choices.’ - Rosaleen Emily Thomas, posted: ‘I am overweight and find this idea
absolutely ridiculous! I need to loose weight, it’s not a disability
it’s self induced! I ate too much I got fat! I would be really offended
if I had a real disability.’ - Stephen Challen said: ‘To be fair people who are obese are
being discriminated against. Even tall people face discrimination too. I
know lots of people who have weight issues due to medical conditions
and they are treated by doctors and public appallingly and need to be
protected.’ - Nannette Holliday, wrote: ‘My daughter has Down’s syndrome we can
not do anything to remove the extra chromosome but if you are over
weight you can stop eating as much and do exercise.’ - Trish Duffy, added: ‘Hmm if the obesity was caused by a medical condition, then that condition should be the disability, NOT the obesity. My
daughter is nearing the end of her diagnostic process for an autism
spectrum condition, she can’t help being autistic, I can help being
overweight!’
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Bella0461,
Liverpool, United Kingdom,
moments ago
HELL NO
Seriously now,
toronto, Canada,
moments ago
The benefits brigade will be hanging on their every word in this case. You would think this would be what shames him into change.
the1andonly,
Eastbourne, United Kingdom,
moments ago
Unless obesity is a PROVEN side-effect of a specific illness or medication, it is NOT a disability. In the majority of cases it is self-inflicted. I weigh a few lbs more than I did pre-menopause and retirement, probably due to being in close proximity to my food cupboards for most of the day. But I am trying to redress the situation as I’m fed up of having to buy larger clothes. Am also fed up of nearly being run over by FAT people on motorised buggies, which should NOT be allowed to go at more than normal walking speed. It is interesting to see that very few genuinely disabled people are FAT (why should we disguise it in politically correct terminology unless cause is genuinely medical-related), probably because they receive proper, nutritious food. This man certainly looks incapable of acting as a childminder – what if the kid in his care ran towards or into a road and he was unable to chase after it in order to prevent an accident?
preveo,
Hampshire, United Kingdom,
moments ago
A disability??!! Please! Fat people should be taxed more as they are a burden to the state. If they are on benefits these should be taken away until they lose some weight. I was on a plane the other day and there was a guy who had to use one of the extensions and he still had trouble getting it around his stomach. I don’t have any pity for fat people. Just disgust.
LikeItOrLumpIt,
Wakefield, United Kingdom,
moments ago
Why should obesity be classed as a disability? I’m was obese, and yes I do agree it makes things difficult, but why would you take money that is meant for people who have a disability on which they have no control. If you’re obese, loose weight, and get out there, instead of waiting for free handouts!!
Proud to be English,
England, United Kingdom,
7 minutes ago
Surely a disability is something you have no control or influence over – Obesity whilst it is a very real problem is not in itself a disability. Eat less – Move more, he (and others) have brought this upon themselves by a protracted period of over indulgence.
Louisa-Jane,
London,
10 minutes ago
I wouldn’t have employed him in the first place. He’s not only got a fat body, he’s got a fat head as well. Trying to scam money when he knows full well he’s in the wrong here.
LikeItOrLumpIt,
Wakefield, United Kingdom,
moments ago
Mint,
London,
13 minutes ago
Shouldn’t have employed the fat boy in the first place.
Erica83,
cambridgeshire, United Kingdom,
20 minutes ago
Hell no! Obesity is not a disability.
I’m 31. I had hip surgery and arthritis diagnosed 6 yrs ago. I can’t walk without morphine and with it I’m on crutches and can only be on my feet for 1 hour spread over the day. I can’t walk up the stairs to use the bathroom at will, I have to regulate my drinking so I know I’ve rested enough to have the strength to challenge the stairs. I’m 5ft 11in and have weighed around 13stone most of my adult life. Including when I worked more than 12 hrs a day actively walking dogs, and horse riding everyday. Now with all my limitations I’m hovering around 14 stone. I’d obviously like to lose weight but I’m static not gaining and that’s good enough for me at the moment. To maintain my weight. I can eat no more than 1000-1100 calories a day. 1200 calories I gain! It’s not easy but I will not let my weight cripple me further. I consider my small weight gain, through all I’ve lost OK. I’m still a size 14! There are no excuses. If I can maintain anyone can
Markjcuk,
Newcastle, United Kingdom,
41 minutes ago
Should stupidity be classed as a disability?
Louisa-Jane,
London,
9 minutes ago
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