Reduce Risk: Is Obesity a Disability?

Posted in : December on 23 December 2014
The Employment Team at A&L Goodbody
A&L Goodbody
Issues covered:

The decision in FOA (Kaltoft) v The Municipality of Billund


Mr Kaltoft was a child-minder for a local council in Denmark. He weighed 160kg (25 stones) and was categorised as clinically obese. He brought a discrimination case against his former employer because he claimed to have been dismissed as a result of his obesity. The District Court in Denmark referred the question of whether obesity could be a disability to the Court of Justice of the European Union (CJEU).


The CJEU held that obesity is not a protected characteristic per se. There is therefore no general principle of EU law which prohibits discrimination on the grounds of obesity. However, the CJEU did find that

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This article is correct at 06/08/2015

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.

The Employment Team at A&L Goodbody
A&L Goodbody

The main content of this article was provided by The Employment Team at A&L Goodbody. Contact telephone number is +44 28 9072 7402 or email

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