A decision by the Court of Justice of the European Union on 11 September reaffirms that protection against discrimination at work on the grounds of disability must extend to discrimination “by association”. This means that employers are obliged to provide adaptations to working arrangements for employees with a responsibility for caring for and supporting children with disabilities.
The case was referred to the Court of Justice of the European Union by the Italian Court of Cassation. It concerns a complaint from a station operator in Italy who requested fixed working hours from her employer to provide and organise care for her son with disabilities. While temporary arrangements were made, her employer refused to make them permanent.
In its evaluation of the case, the Court of Justice confirmed that the EU’s Directive on equal treatment in employment covers such forms of indirect discrimination. This, therefore, extends to an employee who faces discrimination because of the assistance they must provide to their child with a disability, as is the case in this example.
The European Disability Forum welcomes this decision, which sets a clear precedent for supporting carers of children with disabilities in better balancing their professional lives with their parental responsibilities. It is particularly significant for mothers and women caring for children with disabilities, who are statistically far more likely to take on responsibilities of caring for children with disabilities, and to be cut off from the labour market as a consequence.
In addition to workplace adjustments and protection from indirect discrimination, the European Disability Forum also stresses the need for state-funded in-home support to help families manage their responsibilities, as well as the availability of accessible and affordable support services in the community to prevent children with disabilities from being placed in institutions.