Obesity as a Disability: The Implications of Kaltoft

Abstract

The paper evaluates the position in both the UK and in Europe as to whether obesity can be considered a disability for the purposes of non-discrimination protection. The paper considers the definition of disability as well as recent case law discussing the matter, in particular the Employment Appeal Tribunal decision in Walker and the Advocate General's Opinion in Kaltoft, with a view to analysing the current legal position of this matter.