New case law – Regarding discrimination against parents of persons with disabilities

The Court of Justice ruled that the prohibition of indirect discrimination on grounds of disability under Directive 2000/78 also applies to an employee who does not himself have a disability but who is subjected to discrimination because he has a child with a disability for whom he provides the main part of the care that the child needs. The Court found that discrimination ‘by association’ can be invoked in cases of both direct and indirect discrimination. The employer is obliged to make reasonable accommodation within the meaning of Article 5 of Directive 2000/78 in relation to such an employee, provided that such measures do not impose a disproportionate burden on the employer. The Court found that a reduction in working hours or a reassignment could constitute such reasonable accommodation measures.

Read more here.