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Ed Kemp writes on obesity discrimination for the ELA Briefing

This article was originally published by the ELA Briefing.
The Advocate General has given his opinion in Kaltoft that obesity may be a disability. Is this a new frontier for equality law? In this article for the ELA Briefing, Ed Kemp examines the latest decisions from the courts on this issue in Europe, the UK and the US.
The Court of Justice of the European Union has been asked, for the first time, to rule on whether obesity is a disability within the meaning of the Equal Treatment Directive. The Advocate General has recently published his opinion, not binding on the court, that obesity can be a disability if: (i) it plainly hinders full participation in professional life on an equal footing with other employees due to the physical and/ or psychological limitations that it entails, and; (ii) it is severe, most probably only WHO class III obesity.

Read the full article here.
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