New case law – Discrimination Due to Disability and Insufficient Access

A person applied for a position as an assistant nurse in a neonatal unit within Region Stockholm and was invited for an interview. On the same day the interview was to be held, she contacted the region and informed them that she was in a wheelchair. The region canceled the interview, stating that it would not be feasible for someone in a wheelchair to work in the neonatal unit. The question arose whether the region, by canceling the interview, subjected the applicant to discrimination due to disability. The Labor Court found that the region did not discriminate against the applicant through either direct discrimination or discrimination due to lack of accessibility. There was also a question regarding the application of the burden of proof rule in Chapter 6, Section 3 of the Discrimination Act.

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