CONFERENCE ON INCLUSIVE WORKPLACES EMPLOYMENT OF PERSONS WITH DISABILITIES
Malta - February 2017
Dimitris Dimitriou
European Commission
EMPL/C3
Some Data
• Employment rate of people with disabilities is as low as 48.7%
(against 72.5% for non-disabled)
Source: ANED estimation based on EU-SILC 2014
• Lack of equal opportunities in labour market was the most frequently
mentioned problem by respondents to the 2016 public consultation
on EU Disability Strategy
Some Data - 2015 Eurobarometer on discrimination in EU
• Discrimination based on disability is seen as more widespread than
was the case in 2012 (50% against 46%). There is increasing
knowledge of the rights of victims of discrimination (45% against
37% in 2012).
• 3% (2% in 2012) say that in the last year they personally felt
discriminated for reasons of disability (in comparison, 21% for all
grounds) .
• 46% (up from 40% in 2012) perceive that discrimination in
recruitment exists because of disability (in comparison, 56%
perceive old age discrimination; 46% race).
Employment of disabled persons in EU
• Progress report on implementation of EU Disability Strategy SWD(2017) 29 final of 02.02.2017
http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=2725&furtherNews=yes
Legal framework in EU
• Directive 2000/78/EC
• UN Convention on the Rights of Persons with Disabilities
(UNCRPD)
UNCRPD
• UNCRPD is integral part of EU legal order. EU is a party and is
bound within the limits of its competences
• However, its provisions do not have direct effect (they are not
unconditional or sufficiently precise but require adoption of
subsequent acts)
• Directive 2000/78 is such an implementing act and must be
interpreted, as far as possible, in a manner consistent with the
Convention
ECJ judgement of 18.03.2014 in C-363/12, Z
Directive 2000/78/EC
• Concept of 'disability' defined by ECJ (e.g. C-335/11, HK Danmark)
• Article 5 on reasonable accommodation – Key provision
• Obligation on employers to the benefit of disabled persons
• Where necessary in a particular case, to enable equal access /
participation
• Condition: No disproportionate burden on employer
• Recitals 20 - 21
• Positive action is allowed to ensure full equality in practice
Directive 2000/78/EC
• No explicit provision on accessibility
• National law may provide more favorable requirements
• Equal access may be achieved through reasonable accommodation
and accessibility .
• The (proposed) Directive on accessibility is expected to have
positive effect to equal treatment of disabled persons also in
employment
Examination of transposition of Directive 2000/78
• Monitoring by Commission of legal and practical implementation
• ECJ judgement of 4.7.2013 in case C-312/11, Commission v Italy
with regard to reasonable accommodation
•
Infringements: all closed now.
• Complaints by citizens; WQ; Petitions
Recent ECJ cases regarding discrimination based on
disability
* C-395/15, Daoudi , ES – Concept of 'long-term' incapacity
Judgement of 01.12.2016
• * C-406/15, Milkova, BG – more favourable treatment of disabled
workers on employment contracts under private law in
comparison to civil servants
Pending
• * C-270/16, Conejero, ES – dismissal for absences from work
related to disability
Publications
• Report on Implementation of Directive 2000/78/EC (COM + SWD)
http://ec.europa.eu/justice/discrimination/law/index_en.htm
• E.P. Weber Report – Resolution
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-20160360+0+DOC+XML+V0//EN
• Progress report on implementation of EU Disability Strategy
http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=2725&furtherNews=yes
Recent publications
• * Report on "Reasonable accommodation for disabled people in
employment contexts"
•
http://ec.europa.eu/justice/discrimination/files/reasonable_accommodation_in_employment_conte
xts_final_en.pdf
• * Report on "The Employment Equality Directive and Supporting
People with Psychosocial Disabilities in the Workplace"
•
http://www.equalitylaw.eu/downloads/3966-the-employment-equality-directive-and-supporting-people-withpsychosocial-disabilities-in-the-workplace-a-legal-analysis-of-the-situation-in-the-eu-member-states