Overview

• The European Court of Justice held that the EU ban on indirect disability discrimination covers workers disadvantaged because they care for a disabled child.
• Employers must provide reasonable adjustments to help affected employees reconcile work and caregiving, provided the measures do not impose a disproportionate burden.
• The case stems from an Italian railway employee who sought a permanent fixed-hours post after only temporary changes were granted.
• Following the preliminary ruling in case C-38/24, the dispute returns to Italy’s Corte di Cassazione to decide whether the requested reassignment would unduly burden the employer.
• National courts must apply this interpretation and consider the EU Charter of Fundamental Rights and the UN Convention on the Rights of Persons with Disabilities.