Brussels, 05/07/2013 (Agence Europe) - On 4 July (case C-312/11), the Court of Justice of the EU ruled that Italy had failed to comply with the directive on equal treatment with regard to employment and work, as it had not made it an obligation for all employers to take practical and effective measures in this respect for all persons with disabilities.
Directive 2000/78/EC requires employers to take appropriate measures depending on the needs in a given situation in order to allow disabled people to gain access to employment, to occupy and progress in that job and to receive training, unless such measures mean that the employer must pay disproportionately large costs. The cost is not out of proportion when it is sufficiently offset by state measures in favour of people with disabilities. The Italian body of law comprises several provisions concerning the assistance, social integration and rights of the disabled and their right to work, but the European Commission considers that these provisions are not sufficient. In June 2011, it brought an action for failure to fulfil obligations, stating that Italy had transposed the directive into its national body of law without the guarantees and changes required for the treatment of people with disabilities at work being appropriate for all disabled people, all employers or all the different aspects of working relations. It reproached Italy, moreover, with making application of its legislation dependent on the adoption of later measures by the local authorities or the conclusion of special conventions between those authorities and the employers, thus depriving people with disabilities of the possibility of directly appealing to the justice system to ensure their rights are upheld.
In its ruling, the Court concludes that Italy did indeed fail to meet its obligations. The notion of “disability” - not directly defined in the directive - must be extended with reference to the UN convention on the rights of the disabled, aimed - as the Court explains - at a limitation due to lasting physical, mental or psychological disability that, when interacting with various other obstacles, can be a full and effective barrier to that person's taking part in professional life on a basis of equality with the other workers. The same convention gives a broad definition of the reasonable changes - i.e. adjustments that must be made depending on the needs of persons with disabilities in a given situation to ensure that those persons are able to enjoy all human rights and all fundamental freedoms. The Court, moreover, refers to its case law whereby this notion aims at the elimination of barriers that prevent the full and effective participation of disabled people in professional life on the basis of equality with the other workers. In order to come into line with the directive, it concludes therefore that the member states must not simply proclaim incentive or aid measures but must impose upon all employers the obligation of taking effective and practical measures to meet the specific needs of disabled persons in concrete situations (adapting the premises, adapting equipment, rates of work and distribution of tasks), taking into account each individual situation, to allow every person with a disability to gain access to employment, to occupy and progress in that employment and to receive training, without disproportionately large costs being imposed upon the employers. The Court considers in this respect that, even if looked at as a whole, the measures adopted by Italy for the professional insertion of persons with disabilities are inadequate and do not comply with the requirements. (FG/transl.jl)