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Public Hearing on Employment of Persons with Disabilities: Challenges and Legal Framework in the EU

This document outlines the findings from the June 2017 public hearing on the employment of persons with disabilities in the European Union. Key data indicates that the employment rate for individuals with disabilities is significantly lower than for non-disabled individuals, highlighting ongoing discrimination and the need for equal opportunities in the labor market. The document also discusses legal frameworks, including Directive 2000/78/EC and the UN Convention on the Rights of Persons with Disabilities, which aim to provide protections and promote equal treatment in employment.

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Public Hearing on Employment of Persons with Disabilities: Challenges and Legal Framework in the EU

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  1. PUBLIC HEARING onEMPLOYMENT OF PERSONS WITH DISABILITIESFollow-up on EED 2000/78/EC EESC- June 2017 Dimitris Dimitriou European Commission EMPL/C3

  2. Some Data • Employment rate of people with disabilities is as low as 48.7% (against 72.5% for non-disabled) Source: ANED estimation basedon EU-SILC 2014 • Lack of equalopportunities in labour marketwas the mostfrequentlymentionedproblem by respondents to the 2016 public consultation on EU DisabilityStrategy

  3. Some Data - 2015 Eurobarometer on discrimination in EU • Discrimination based on disability is seen as more widespread than was the case in 2012 (50% against 46%). There is increasing knowledge of the rights of victims of discrimination (45% against 37% in 2012). • 3% (2% in 2012) say that in the last year they personally felt discriminated for reasons of disability (in comparison, 21% for all grounds) . • 46% (up from 40% in 2012) perceive that discrimination in recruitment exists because of disability (in comparison, 56% perceive old age discrimination; 46% race).

  4. Employment of disabled persons in EU • Progress report on implementation of EU Disability Strategy - SWD(2017) 29 final of 02.02.2017 http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=2725&furtherNews=yes

  5. Legal framework in EU • Directive 2000/78/EC • UN Convention on the Rights of PersonswithDisabilities (UNCRPD)

  6. UNCRPD • UNCRPD isintegral part of EU legalorder. EU is a party and isboundwithin the limits of itscompetences • However, its provisions do not have direct effect (they are not unconditional or sufficientlyprecise but require adoption of subsequentacts) • Directive 2000/78 issuch an implementingact and must beinterpreted, as far as possible, in a manner consistent with the Convention ECJ judgement of 18.03.2014 in C-363/12, Z

  7. Directive 2000/78/EC • Concept of 'disability' defined by ECJ (e.g. C-335/11, HK Danmark) • Article 5 on reasonable accommodation – Key provision • Obligation on employers to the benefitof disabledpersons • Wherenecessary in a particular case, to enableequalaccess / participation • Condition: No disproportionateburden on employer • Recitals 20 - 21 • Positive action isallowed to ensure full equality in practice

  8. Directive 2000/78/EC • No explicit provision on accessibility • National lawmayprovide more favorable requirements • Equalaccessmaybeachievedthroughreasonable accommodation and accessibility . Lack of accessibilitymayamount to someform of discrimination in particular cases • The (proposed) Directive on accessibilityisexpected to have positive effect to equaltreatment of disabledpersonsalso in employment

  9. Examination of transposition of Directive 2000/78 • Monitoring by Commission of legal and practicalimplementation • ECJ judgement of 4.7.2013 in case C-312/11, Commission v Italywith regard to reasonable accommodation • Infringements: all closednow. • Complaints by citizens; WQ; Petitions

  10. Examination of implementation of Directive 2000/78 - Remaining challenges in particular: • Awareness of rights/obligations • Enforcement - Policy action (not onlylegislation) - Need to involve all stakeholders 2014 Commission Report on Implementation of Directive 2000/78/EC

  11. Recent ECJ cases regarding discrimination based on disability * C-395/15, Daoudi , ES – Concept of 'long-term' incapacity Judgement of 01.12.2016 • * C-406/15, Milkova, BG – more favourable treatment of disabled workers on employment contracts under private law in comparison to civil servants Judgementof 09.03.2017 • * C-270/16, Conejero, ES – dismissal for absences from work related to disability Pending

  12. Publications • Report on Implementation of Directive 2000/78/EC (COM + SWD) http://ec.europa.eu/justice/discrimination/law/index_en.htm • E.P. Weber Report – Resolution http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2016-0360+0+DOC+XML+V0//EN • Progress report on implementation of EU Disability Strategy http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=2725&furtherNews=yes

  13. Recent publications • * Report on "Reasonable accommodation for disabled people in employment contexts" • http://ec.europa.eu/justice/discrimination/files/reasonable_accommodation_in_employment_contexts_final_en.pdf • * Report on "The Employment Equality Directive and Supporting People with Psychosocial Disabilities in the Workplace" • http://www.equalitylaw.eu/downloads/3966-the-employment-equality-directive-and-supporting-people-with-psychosocial-disabilities-in-the-workplace-a-legal-analysis-of-the-situation-in-the-eu-member-states

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