EU Court of Justice: protection against disability discrimination extends to caregivers

The case concerned a female employee, mother of a child with a severe disability, who requested a fixed morning shift in order to assist her son with afternoon treatments. The company denied the request to stabilize her schedule, and Italian courts rejected her claim. The Court of Cassation, when called to review the case, suspended the proceedings and asked the EU Court of Justice whether Directive 2000/78/EC on equal treatment in employment applies to cases of “discrimination by association” — that is, when an employee suffers disadvantage because of a family member’s disability. The Court answered affirmatively: individuals who care for a disabled relative are also protected by the principle of non-discrimination.

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