Monitor Prawa Pracy

no. 4/2025

Prohibition of indirect discrimination on the grounds of disability “based on the bond of a worker” who cares for a child with a disability (C-38/24)

DOI: 10.32027/MOPR.25.4.10
Magdalena Paluszkiewicz
Autorka jest profesorem UŁ, Katedra Prawa Pracy, Zakład Prawa Ubezpieczeń Społecznych i Polityki Społecznej, Wydział Prawa i Administracji Uniwersytetu Łódzkiego
Abstract

The decision which is the subject of the present article expands on the concept of discrimination by association developed on the grounds of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation as indicated by the judgment of the Court of Justice in case Coleman. According to this concept, a given person may invoke Directive when they themselves are not a person with a disability but as a legal guardian of a disabled person they have experienced mistreatment in the workplace. Then, the Court referred to whether an employer is obligated to provide such a person with a rational improvement within the meaning of Article 5 of Directive.

Keywords
non-discrimination, disability, discrimination based on a bond, employment, rational improvement.