The Necessary Expansion of the Duty to Provide Reasonable Accommodation for People with Disabilities as an Ex Ante Control for the Extinction of the Employment Contracts of People with Disabilities

20 Pages Posted: 16 Jun 2018

See all articles by David Gutierrez

David Gutierrez

Universitat Autònoma de Barcelona; University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Date Written: May 30, 2018

Abstract

The duty to provide reasonable accommodation is one of the most important measures to achieve equal opportunities of people with disabilities. Reasonable accommodation recognises the relevance of ́impairment ́, and it is designed to inter alia increase the employment of people with disabilities. The importance of this duty was such that it was configured in article 5 Directive 2000/78 and as a key measure in the Convention on the Rights of Persons with Disabilities. Thus, the duty to provide reasonable accommodation has become both a European and an International norm. In light of this, this working paper aims to analyse the European configuration of the duty to provide reasonable accommodation in the workplace of People with Disabilities, and its role in the extinction of an employment contract. Specifically, this contribution seeks to assess the current configuration and effectiveness of reasonable accommodation, in light of the legal framework (Directive 2000/78) and its interpretation by the Court of Justice of the European Union. Therefore, it will examine, at a European level, the possibilities offered by the configuration of reasonable accommodation, as a mechanism for the maintenance of employment and an obstacle to termination of employment contracts of people with disabilities.

Keywords: No discrimination, People with disabilities, Reasonable Accommodation

Suggested Citation

Gutierrez, David, The Necessary Expansion of the Duty to Provide Reasonable Accommodation for People with Disabilities as an Ex Ante Control for the Extinction of the Employment Contracts of People with Disabilities (May 30, 2018). Available at SSRN: https://ssrn.com/abstract=3187575 or http://dx.doi.org/10.2139/ssrn.3187575

David Gutierrez (Contact Author)

Universitat Autònoma de Barcelona ( email )

Plaça Cívica
Cerdañola del Valles
Barcelona, Barcelona 08193
Spain

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall
Berkeley, CA 94720-7200
United States

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