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EU Court Extends Workplace Protections to Parents of Disabled Children

National courts now assess whether requested adjustments would impose a disproportionate burden on employers.

Overview

  • The European Court of Justice ruled that bans on indirect disability discrimination cover employees disadvantaged because they care for a disabled child.
  • Employers must consider reasonable accommodations that enable caregiving workers to reconcile their job and care duties, subject to a disproportionality test.
  • The case arose from an Italian railway employee who sought a permanent fixed-hours post after receiving only temporary schedule changes.
  • Italy’s Court of Cassation requested the EU court’s interpretation, and the national court must now decide the specific claim using that framework.
  • The judgment binds courts across EU member states, which must follow the interpretation in similar workplace discrimination disputes.