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Determining whether someone is "person with a disability" - Daouidi v Bootes Plus S.L. (C-395/15) [ECJ] 01.12.16 (Unreported)

Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Articles 1 to 3 — Prohibition of all discrimination based on a disability — Whether a ‘disability’ exists — Concept of ‘long-term physical, mental, intellectual or sensory impairments’ — Charter of Fundamental Rights of the European Union — Articles 3, 15, 21, 30, 31, 34 and 35 — Dismissal of a worker who is temporarily unable to work, within the definition of national law, for an indeterminate period of time. HELD that to determine whether an incapacitated employee may be considered to be a "person with a disability" for the purposes of Directive 2000/78 and therefore come within the scope of that directive, it was necessary to establish that the resulting limitation was "long-term" in nature based on the factual circumstance in the case at issue.

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Category: Employment » Disability discrimination; EC Law. Area(s) of law: Employment; Public Sector.

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