- CJEU rules on discrimination within a group of people who have disabilities (VL v Szpital Kliniczny im. dra J. Babińskiego Samodzielny Publiczny Zakład Opieki Zdrowotnej w Krakowie)
- What are the practical implications of this decision?
- What is the background?
- Relevant law
- Background facts
- Domestic proceedings
- What did the CJEU decide?
- Case details
Employment analysis: As a matter of general principle, the concept of discrimination referred to in Article 2 of the Equal Treatment Directive can include a difference in treatment within a group of people who have disabilities, ie the Directive protects a worker who has a disability against any discrimination on the basis of that disability, not only as compared with workers who do not have disabilities, but also as compared with other workers who have disabilities. Direct discrimination may occur where an employer applies a criterion that is inextricably linked to disability, eg a requirement that cannot be met by employees whose disability status is already known to the employer. Indirect discrimination may occur where an apparently neutral practice puts employees with disabilities at a particular disadvantage due to the nature of their disabilities, eg if employees with visible disabilities are at a particular disadvantage compared to employees with invisible disabilities, unless that practice can be objectively justified, according to the CJEU.
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