Fag og Arbejde (FOA) v. Kommunernes Landsforening

In November 1996, Karsten Kaltoft was hired by the municipality of Billund (defendant) in Denmark as a childcare provider. At Kaltoft’s hiring and throughout his employment, Kaltoft was obese. When Billund provided Kaltoft with opportunities to attend fitness and training sessions, Kaltoft lost and subsequently regained weight. In 2010, Kaltoft was visited multiple times by a supervisor who inquired about his weight. Concurrently, Kaltoft cared for three children, although he was approved to care for four. In late 2010, Kaltoft was dismissed from his position. During a meeting with supervisors on the day Kaltoft was dismissed, he asked why he was dismissed. In the follow-up discussion, Kaltoft’s obesity was mentioned; however, the meeting attendees disagreed about the context in which Kaltoft’s weight was mentioned and the role of Kaltoft’s obesity in his dismissal. Kaltoft was informed by letter that he was dismissed because of a decline in the number of children in his care. Fag og Arbejde, a Danish trade union, filed an action in the district court on behalf of Kaltoft (plaintiff), arguing that Kaltoft’s dismissal was discriminatorily based on his obesity, and Kaltoft should be compensated for the discrimination. In the suit, Billund was represented by the Kommunernes Landsforening, an organization of Denmark’s municipalities. The district court stayed its proceedings and referred multiple questions, including whether obesity is a disability covered by the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (the directive), to the European Union Court of Justice.