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Member state's legislation falls foul of EU disability discrimination laws - Carlos Enrique Ruiz Conejero v Ferroser Servicios Auxiliares SA and Ministerio Fiscal (2018) (C-270/16) [ECJ] 18.01.18 (Unreported)

Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Equal treatment in employment and occupation — Article 2(2)(b)(i) — Prohibition of discrimination based on disability — National legislation permitting, subject to certain conditions, the dismissal of an employee by reason of intermittent absences, even where justified — Worker’s absences resulting from illnesses linked to his disability — Difference in treatment based on disability — Indirect discrimination — Whether justified — Combating absenteeism in the workplace — Whether appropriate — Whether proportionate. HELD that national legislation which allowed an employer to terminate a contract of employment following a period or periods of absence from work without reference to the fact that the employee in question may be disabled was incompatible with EU law unless it pursued the legitimate aim of combating absenteeism and was proportionate to achieving that aim.

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

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