Valeria Morosini to speak on the topic of discrimination

05 Feb 2015

Toffoletto De Luca Tamajo e Soci participates in Lewis Silkin’s Annual Conference in London


Toffoletto De Luca Tamajo e Soc, will take part in Managing an International Workforce: 2015 & Beyond, the annual conference organised in London by the law firm, Lewis Silkin, in collaboration with the other member firms of Ius Laboris, the biggest Alliance of employment law specialists in the world. This year, the event will take place at the London Stock Exchange on Friday, 6th February.


Valeria Morosini, a Partner at the law firm and Officer of the Discrimination and Equality Law Committee of the International Bar Association, will take part in the roundtable, «EU discrimination law – what’s next after obesity?». The break out session will draw inspiration from an important judgment of the Court of Justice of the European Union issued 18th December 2014, in the case known as Katloft vs Billund Kommune. The judgment, which will kick off the debate, clarifies the fact that under European Union law, no general principle exists prohibiting discrimination based on obesity in itself with regard to hiring and working conditions, and that this need not necessarily be taken to mean as a form of disability protected by Directive 2000/78/EC. Therefore, a worker’s state of obesity can result in the application a specific safeguard against forms of discrimination with regard to employment and working conditions, when it entails a limitation resulting from long-term physical, mental or psychological impairments that may hinder the worker’s full and effective participation in professional life on an equal basis with other workers. This assessment falls to the court having jurisdiction on the merit, which will assess the concrete circumstances of each single case.


The case in point, decided by the Court of Justice demonstrates that new frontiers are opening for claims by workers linked to potentially new areas of discrimination in the work place, and how employers must equip themselves in order to prevent and limit potential kinds of liability.


The Danish member law firm of Ius Laboris, like the other member law firms of the alliance, which are present in 45 countries and over 150 cities in the world, provides assistance in this area and was directly involved in defence of Billund Kommune in the case before the Court of Justice of the European Union.