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.

April 13, 2021

Equinet-ENNHRI webinar: Disability Strategy 2021-2030

Date: 29 April Time: 10.00-11.30 CET Via Zoom  Meetings The European Commission’s 2021-2030 Disability Strategy was presented 3 March 2021. It outlined many key activities that the European Commission aims at implementing during the next […]
March 25, 2021
Reasonable Accomodation for Persons with Disabilities: Exploring challenges concerning its practical implementation. Equinet Discussion Paper. Equality Law Working Group

Reasonable Accommodation for Persons with Disabilities: What challenges in its practical implementation?

In 2020, Equinet’s working group on Equality Law analysed the topic of reasonable accommodation for persons with disabilities and prepared the ensuing discussion paper. This Discussion […]