The complexity and sensitivity of disability in the workplace and how it should be handled continues to present problems and challenges for employers following an opinion released by a European court.
The Advocate General of the Court of Justice of the European Union has considered whether obesity might qualify as a disability. On its own, obesity will not automatically constitute a disability but if it does, the obligation on employers to make reasonable adjustments arises.
A broader issue arises as well in that it is important to ensure that stereotypical views do not prevail and mean that an obese person is not refused employment based on assumptions alone. The employer should try to establish that the person in question will not be able to carry out the requirements of the job rather than to assume that this will be the case based on appearance alone.
It is important to ensure that as an employer you review your recruitment policies and procedures.
To discuss this and employment related issues contact us.