Abstract
On December 18, 2014, the Court of Justice of the European Union (CJEU or the Court) issued its judgment of the case Fag og Arbejde (FOA) v. Kommunernes Landsforening (KL).1 The CJEU’s decision is notable for being the first in which the Court directly rules on the question of whether discrimination based on body weight is prohibited under European law. Finding that there is no general prohibition on obesity discrimination in the employment context, the Court of Justice of the European Union nevertheless considers that in some cases, obesity can be a cause of disability. As a result, unequal treatment of obese persons could be a violation of the protections of non-discrimination enjoyed by persons with disabilities.
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