Summary

An employer is required to make reasonable accommodation in respect of an employee who provides care (to his or her child who has a disability), based on the principle of non-discrimination, which also covers indirect discrimination ‘by association’.

Questions

1. Must Directive 2000/78/EC and, in particular, Article 1 and Article 2(1) and (2)(b) thereof, read in the light of Articles 21, 24 and 26 of the Charter of Fundamental Rights of the European Union and Articles 2, 5 and 7 of the UN Convention, be interpreted as meaning that the prohibition of indirect discrimination on grounds of disability applies to an employee who does not himself or herself have a disability but who is subject to such discrimination because of the assistance that that person provides to his or her child who has a disability, which enables that child to receive the primary care required by virtue of his or her condition?

2. Must Directive 2000/78 and, in particular, Article 5 thereof, read in the light of Articles 24 and 26 of the Charter and Article 2 and Article 7 of the UN Convention, be interpreted as meaning that an employer is required, in order to ensure compliance with the principle of equal treatment of workers and the prohibition of indirect discrimination referred to in Article 2(2)(b) of that directive, to make reasonable accommodation, within the meaning of Article 5 of that directive, in respect of an employee who does not himself or herself have a disability but who provides, to his or her child who has a disability, the assistance which enables that child to receive the primary care required by virtue of his or her condition.

3. How is the concept of ‘caregiver’ to be interpreted for the purpose of applying Directive 2000/78?

Ruling

1.  Directive 2000/78/EC and, in particular, Article 1 and Article 2(1) and (2)(b) thereof, read in the light of Articles 21, 24 and 26 of the Charter of Fundamental Rights of the European Union and Articles 2, 5 and 7 of the UN Convention must be interpreted as meaning that the prohibition of indirect discrimination on grounds of disability applies to an employee who does not himself or herself have a disability but who is subject to such discrimination because of the assistance that that person provides to his or her child who has a disability, which enables that child to receive the primary care required by virtue of his or her condition.

2. Directive 2000/78 and, in particular, Article 5 thereof, read in the light of Articles 24 and 26 of the Charter and Article 2 and Article 7(1) of the UN Convention must be interpreted as meaning that an employer is required, in order to ensure compliance with the principle of equal treatment of workers and the prohibition of indirect discrimination referred to in Article 2(2)(b) of that directive, to make reasonable accommodation, within the meaning of Article 5 of that directive, in respect of an employee who does not himself or herself have a disability but who provides, to his or her child who has a disability, the assistance which enables that child to receive the primary care required by virtue of his or her condition, provided that that accommodation does not impose an unreasonable burden on that employer.