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Discrimination based on a disability and dismissal for objective reasons based on criteria of productivity and absenteeism

The Court of Justice of the EU on 11 September 2019 issued a judgement in case  C-397/18,DW vs. Nobel Plastiques Ibérica SA,concerning the issue of discrimination based on a disability. According to the ruling the state of health of a worker categorised as being particularly susceptible to occupational risks, within the meaning of national law, only falls within the concept of ‘disability’, within the meaning of that directive, where that state leads to a limitation of capacity arising from, inter alia, long-term physical, mental or psychological impairments which, in interaction with various barriers, may hinder the full and effective participation of the person concerned in their professional life on an equal basis with other workers. Moreover a dismissal for objective reasons based on criteria of productivity and absenteeism, constitutes indirect discrimination on grounds of disability, unless the employer has beforehand provided that worker with reasonable accommodation, within the meaning of Article 5 of that directive, in order to guarantee compliance with the principle of equal treatment in relation to persons with disabilities.

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Keywords: equal treatment in employment; discrimination based on a disability; dismissal for objective reasons based on criteria of productivity and absenteeism
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