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The duty to provide reasonable accommodation - reflections on the CJEU judgment in Jetta Ring and Lone Skouboe Werge (C-335/11 and C-337/11)

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Śledzińska-Simon A.

Studia Prawnicze

2013

issue 2 (194)

23-45

The Article posits that in Jetta Ring i Lone Skouboe Werge (C-335/11 and C-337/11) the CJEU has contributed to further evolution of the protection of persons with disabilities under the EU law and clarified the important difference between disability and illness. Following the UN Convention on Rights of Persons with Disabilities, as ratified by the EU in 2010, it held that disability covers a condition caused by a curable or incurable illness, which entails a long-term limitation in the full and effective participation in professional life on an equal basis with other workers. The limitation as such results from the interaction of human impairments with social barriers. Therefore, the termination of employment due to the employee’s absence from work because of illness may constitute unlawful discrimination based on disability if the employer failed to provide the employee with reasonable accommodation in pursuance to Article 5 of the Framework Directive 2000/78/EC. The Article argues that significant differences in national laws implementing the relevant provisions of the Framework Directive lead to an unequal protection of the disabled across the EU. Drawing the comparison with Americans with Disabilities Act the Article identifies the best practical examples of providing reasonable accommodation which give full effect to the ratio of this legislation.

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1 Studia Prawnicze

1 Śledzińska-Simon A.

1 2013

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The duty to provide reasonable accommodation - reflections on the CJEU judgment in Jetta Ring and Lone Skouboe Werge (C-335/11 and C-337/11)