Discrimination
ECJ strengthens protection of parents of children with disabilities
Discrimination against people with disabilities is prohibited. Your relatives can also be “discriminated against” in certain cases. They have to be protected in the workplace, says the ECJ.
Protection against indirect discrimination in the workplace also applies to parents of children with disabilities. The European Court of Justice (ECJ) in Luxembourg decided that. According to EU law, employers are obliged to take appropriate precautions so that affected employees can agree on work and care, the ECJ said. The prerequisite is that the employers do not burden this disproportionately.
The background is the case of an Italian station employee with a severely disabled son. She had asked her employer several times to use her at a job with fixed working hours in order to be able to take care of her child. The employer initially granted her preliminary adjustments, but refused a permanent solution.
The mother complained of Italian dishes. Finally, the top Italian court turned to the ECJ with questions about the interpretation of EU rules. A court in Italy now has to decide whether the employer must meet the woman’s wish in a specific case.
The decision of the ECJ is very important, said the legal scientist Eva Kocher from the Center for Interdisciplinary Labor Law Studies (C*llas) of the European University Viadrina. “It draws attention to the fact that employers also have to adapt the working conditions from important caregivers and caregivers of people with disabilities.”
Other national courts must also consider the interpretation of the ECJ if they have to decide on comparable questions.
dpa
Source: Stern
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