The Expanding Concept of Employment Discrimination in Europe: From Direct and Indirect Discrimination to Reasonable Accommodation Discrimination

Abstract

The failure to reasonably accommodate workers who face obstacles in the labour market, for example because of a disability, is increasingly perceived as an unacceptable form of employment discrimination. In response, the scope of various non-discrimination instruments has recently been extended to include a right to be accommodated. The aim of this article is to describe and examine the concept of reasonable accommodation, analyze how this concept relates to the broader notion of equality. We attempt to classify the concept of reasonable accommodation, referring to the existing dual non-discrimination framework. It is asserted that the right to be accommodated, though far from new, is potentially a powerful tool to assist individuals in overcoming barriers in the labour market. At the same time, individual accommodations leave unchallenged and unaffected underlying discriminatory policies and practices.

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