Judgment of the Court of Justice in Case C-354/13 – Fag og Arbejde (FOA), acting on behalf of Karsten Kaltoft v Kommunernes Landsforening (KL), acting on behalf of the Municipality of Billund

In a judgment made on the 18 December 2014 the European Court of Justice said that obesity can constitute a ‘disability’ within the meaning of the Employment Equality Directive.

While no general principle of EU law prohibits, in itself, discrimination on grounds of obesity, that condition falls within the concept of ‘disability’ where, under particular conditions, it hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers.

The case stemmed from a 2010 case in Denmark where a 160kg child minder was sacked by a Danish municipality for being too large after 15 years on the job.

Danish trade union FOA, which was acting on behalf of the Karsten Kaltoft, described the ruling as 'a great victory'.

• Primary Source

EurActiv, 18.12.14: Obesity can be deemed a disability at work - EU court http://www.euractiv.com/sections/health-consumers/obesity-can-be-deemed-disability-work-eu-court-310944

EUObserver, 18.12.14: Obesity now considered a disability in EU law http://euobserver.com/justice/126980

BBC News, 18.12.14: Obesity 'could be a disability' - EU courts rule http://www.bbc.co.uk/news/health-30529791

http://www.edf-feph.org/ http://www.edf-feph.org/

Blog: EU Law Analysis, 18.12.14: The CJEU rules on obesity and discrimination law http://eulawanalysis.blogspot.co.uk/2014/12/the-cjeu-rules-on-obesity-and.html

The Local.dk, 19.12.14: Danish union: EU obesity ruling 'a great victory' http://www.thelocal.dk/20141219/danish-union-calls-eu-obesity-ruling-a-great-victory

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