Press Release: Advocate General’s Opinion in Case C-354/13. FOA, acting on behalf of Karsten Kaltoft v Kommunernes Landsforening (KL), acting on behalf of the Municipality of Billund

Advocate General Jääskinen considers that morbid obesity may amount to a ‘disability’ for the purposes of the Equal Treatment in Employment Directive.

Whilst there is no general principle of EU law prohibiting discrimination on grounds of obesity in its own right, morbid obesity may come within the meaning of ‘disability’ if it is of such a degree as to hinder full participation in professional life on an equal footing with other employees.