ECJ Directive 2000/78/EC – Equal treatment in employment and occupation – Concept of disability.
The concept of disability should be given a uniform and autonomous meaning throughout the EU. The court defined the concept as follows: ‘Directive 2000/78 aims to combat certain types of discrimination as regards employment and occupation. In that context, the concept of ‘disability’ must be understood as referring to a limitation which results in particular from physical, mental or psychological impairments and which hinders the participation of the person concerned in professional life.
However, by using the concept of ‘disability’ in Article 1 of that directive, the legislature deliberately chose a term which differs from ‘sickness’. The two concepts cannot therefore simply be treated as being the same.
Recital 16 in the preamble to Directive 2000/78 states that the ‘provision of measures to accommodate the needs of disabled people at the workplace plays an important role in combating discrimination on grounds of disability’. The importance which the Community legislature attaches to measures for adapting the workplace to the disability demonstrates that it envisaged situations in which participation in professional life is hindered over a long period of time. In order for the limitation to fall within the concept of ‘disability’, it must therefore be probable that it will last for a long time.’ As to the implications of this for the obligation to make reasonable adjustments: ‘In accordance with Article 5 of Directive 2000/78, reasonable accommodation is to be provided in order to guarantee compliance with the principle of equal treatment in relation to persons with disabilities. That provision states that this means that employers are to take appropriate measures, where needed in a particular case, to enable a person with a disability to have access to, participate in, or advance in employment, unless such measures would impose a disproportionate burden on the employer. ‘
Citations:
C-13/05, [2006] EUECJ C-13/05, Times 09-Aug-2006, [2007] All ER (EC) 59, [2007] ICR 1, [2006] IRLR 706, [2006] ECR I-6467, [2006] 3 CMLR 40
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Statutes:
Jurisdiction:
European
Cited by:
Cited – Paterson v Commissioner of Police of the Metropolis EAT 23-Jul-2007
EAT PART TIME WORKERS
A police officer was found by the Tribunal to be significantly disadvantaged compared with his peers when carrying out examinations for promotion. Nonetheless, the Tribunal held that he . .
Cited – Sobhi v Commissioner of Police of The Metropolis (Disability Discrimination : Disability) EAT 2-May-2013
EAT DISABILITY DISCRIMINATION – Disability
A woman who suffered from dissociative amnesia, which had made her forget that she had a previous conviction, and who was reprimanded for failing to disclose it . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 21 July 2022; Ref: scu.243085
