Disability

Relevant EU Directive:

Directive 2000/78/EC.

Even though the Employment Equality Directive does not provide a definition of disability, since the EU became party to the CRPD in 2011, the CJEU stated that “Directive 2000/78 must, as far as possible, be interpreted in a manner consistent with that Convention”, thus reflecting the social model of disability. EU law also recognises that states have obligations to ensure reasonable accommodation to allow persons with disabilities the opportunity to fully realise their rights. Failure to do so amounts to discrimination.

Example:

Examples can include job dismissals with a shortened notice period because of workplace absences resulting from employees’ health problems or a refusal to grant a reduction in working hours where such a reduction makes it possible for a worker to continue their employment.

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