FOA, acting on behalf of Kaltoft v KL, acting on behalf of the Municipality of Billund 
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionDiscrimination and Equality
Mr Kaltoft was a childminder who was morbidly obese, with a BMI of 54. He was dismissed by a council in Denmark and claimed it was because of his obesity, which he said amounted to a disability. A Danish court referred four questions to the CJEU:
1. Is it contrary to EU law, as expressed, for example, in Article 6 TEU concerning fundamental rights, generally or particularly for a public-sector employer to discriminate on grounds of obesity in the labour market?
2. If there is an EU prohibition of discrimination on grounds of obesity, is it directly applicable as between a Danish citizen and his
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.