The CJEU recognizes the right of parents of minors with disabilities to request work adaptations.

The Court of Justice of the European Union (CJEU) has issued a key ruling that strengthens the employment rights of parents of children with disabilities. It recognizes that protection against indirect discrimination on the grounds of disability It is not limited only to people with disabilities, but also extends to their caregivers, especially parents.

This ruling responds to a case in Italy, where a worker requested a position with fixed hours from her employer to care for her son, who suffered a severe disability and was completely disabled. Although the company provisionally accepted certain accommodations, it refused to apply them permanently. Faced with this refusal, the worker took the case to court, eventually reaching the Italian Court of Cassation, which referred the matter to the CJEU.

The European Court has concluded that unjustifiably denying these accommodations may constitute indirect discrimination by association, as it impedes work-life balance for those who care for people with disabilities. In accordance with Directive 2000/78/EC on equal treatment in employment, and in line with the UN Convention on the Rights of Persons with Disabilities, this protection must be interpreted broadly to ensure true equality of opportunity.

The CJEU also recalled that companies have the obligation to apply reasonable measures to allow these workers to combine employment with their family responsibilities. This is provided that this does not entail a disproportionate burden for the employer, something that must be assessed in each specific case.

This ruling sets an important precedent and requires a review of internal work-life balance policies and equality plans in companies throughout the European Union, strengthening inclusion and non-discrimination in indirect contexts as well.