Employment rights

• Disability (migraine)– 19th disability years (WHO)– Men: 6-8%; women: 15-18%– Economic costs

• Source of rights– Article 151 TFEU (general obligation)– Article 153(1) TFEU (environment, conditions,

information & consultation)– Article 153(2) TFEU (Directives)

Equal Treatment Directive

• Directive 2000/78–Employment Equality Act 1998– Range of rights– Includes disability

• Defining ‘disability’– Complicated– Bodily malfunction (Ireland)– Normal day-to-day activities (UK)– Actual effect on individual

Protection available

• Direct and indirect discrimination (Art 1.2)

• Applies to public and private (Art. 3.1)

• Accommodation provision (Art 5)

Article 5

• In order to guarantee […] equal treatment [for] persons with disabilities, reasonable accommodation shall be provided [including] that employers shall take appropriate measures […] to enable a person with a disability to have access to, participate in, or advance in employment, or to undergo training, unless such measures would impose a disproportionate burden on the employer.

Other key provisions

• MS ‘appropriate procedures’ obligation (Art 9.1)

• Burden of proof (Art 10.1)

• Employment protection (Art 11)

• Employee attention (Art 12)

• NGO dialogue (Art 14)

• Effective sanctions (Art 17)

• Implementation (Art 18)

Other relevant EU texts

• Charter of Fundamental Rights (Art 21.1)Any discrimination based on [disability] shall be

prohibited.

• Community Charter of Fundamental Social Rights of Workers (Art 26)All disabled persons, whatever the origin and nature

of their disablement, must be entitled to additional concrete measures aimed at improving their social and professional integration.

Key EEA provisions

• Accommodation/facilitation (S.16, EEA)– Workplace adaptation– Competency condition– Financial considerations

Summary of rights

• Reasonable environmental accommodation

• Adjustments to working hours

• Burden of proof on employer

• Dialogue facilitation

• Dismissal protection

• Access and promotion