Adapting Work to the Worker: The Evolving EU Legal Framework on Accommodating Worker Diversity

18 International Journal of Discrimination and the Law, Forthcoming

20 Pages Posted: 6 Aug 2018

See all articles by Mark Bell

Mark Bell

Trinity College Dublin; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: July 17, 2018

Abstract

The changing profile of the European workforce creates pressure to adapt the working environment in order to accommodate worker diversity, such as that related to disability, religious practice or caring responsibilities. There is an ongoing debate within equality law on the extent to which law should require employers to provide such accommodation. This article examines the rationales that justify legal intervention and maps out various ways in which EU legislation already requires employers to accommodate worker diversity. It identifies three types of accommodation duty: protective, substantive and procedural. The article argues that the debate can be enhanced by looking beyond the confines of equality law and drawing connections with a wider agenda for labour market reform. A better understanding of the different types of accommodation duty helps to expand the debate beyond a narrow focus on whether the duty of reasonable accommodation for workers with disabilities should be extended to other discrimination grounds.

Keywords: Accommodation, Diversity, Equality, Disability, Religion, Work-Life Balance, Caring Responsibilities, European Union

Suggested Citation

Bell, Mark, Adapting Work to the Worker: The Evolving EU Legal Framework on Accommodating Worker Diversity (July 17, 2018). 18 International Journal of Discrimination and the Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3215157

Mark Bell (Contact Author)

Trinity College Dublin ( email )

School of Law
College Green
Dublin, 2
Ireland

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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