Dimitris Dimitriou European Commission EMPL/C3 PUBLIC HEARING on EMPLOYMENT OF PERSONS WITH DISABILITIES Follow-up on EED 2000/78/EC EESC- June 2017 Dimitris Dimitriou European Commission EMPL/C3

Some Data Employment rate of people with disabilities is as low as 48.7% (against 72.5% for non-disabled) Source: ANED estimation based on EU-SILC 2014 Lack of equal opportunities in labour market was the most frequently mentioned problem by respondents to the 2016 public consultation on EU Disability Strategy

Some Data - 2015 Eurobarometer on discrimination in EU Discrimination based on disability is seen as more widespread than was the case in 2012 (50% against 46%). There is increasing knowledge of the rights of victims of discrimination (45% against 37% in 2012). 3% (2% in 2012) say that in the last year they personally felt discriminated for reasons of disability (in comparison, 21% for all grounds) . 46% (up from 40% in 2012) perceive that discrimination in recruitment exists because of disability (in comparison, 56% perceive old age discrimination; 46% race).

Employment of disabled persons in EU Progress report on implementation of EU Disability Strategy - SWD(2017) 29 final of 02.02.2017 http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=2725&furtherNews=yes

Legal framework in EU Directive 2000/78/EC UN Convention on the Rights of Persons with Disabilities (UNCRPD)

UNCRPD UNCRPD is integral part of EU legal order. EU is a party and is bound within the limits of its competences However, its provisions do not have direct effect (they are not unconditional or sufficiently precise but require adoption of subsequent acts) Directive 2000/78 is such an implementing act and must be interpreted, as far as possible, in a manner consistent with the Convention ECJ judgement of 18.03.2014 in C-363/12, Z

Concept of 'disability' defined by ECJ (e.g. C-335/11, HK Danmark) Directive 2000/78/EC Concept of 'disability' defined by ECJ (e.g. C-335/11, HK Danmark) Article 5 on reasonable accommodation – Key provision Obligation on employers to the benefit of disabled persons Where necessary in a particular case, to enable equal access / participation Condition: No disproportionate burden on employer Recitals 20 - 21 Positive action is allowed to ensure full equality in practice

Directive 2000/78/EC No explicit provision on accessibility National law may provide more favorable requirements Equal access may be achieved through reasonable accommodation and accessibility . Lack of accessibility may amount to some form of discrimination in particular cases The (proposed) Directive on accessibility is expected to have positive effect to equal treatment of disabled persons also in employment

Examination of transposition of Directive 2000/78 Monitoring by Commission of legal and practical implementation ECJ judgement of 4.7.2013 in case C-312/11, Commission v Italy with regard to reasonable accommodation Infringements: all closed now. Complaints by citizens; WQ; Petitions

Examination of implementation of Directive 2000/78 - Remaining challenges in particular: Awareness of rights/obligations Enforcement - Policy action (not only legislation) - Need to involve all stakeholders 2014 Commission Report on Implementation of Directive 2000/78/EC

Recent ECJ cases regarding discrimination based on disability * C-395/15, Daoudi , ES – Concept of 'long-term' incapacity Judgement of 01.12.2016 * C-406/15, Milkova, BG – more favourable treatment of disabled workers on employment contracts under private law in comparison to civil servants Judgement of 09.03.2017 * C-270/16, Conejero, ES – dismissal for absences from work related to disability Pending

Publications Report on Implementation of Directive 2000/78/EC (COM + SWD) http://ec.europa.eu/justice/discrimination/law/index_en.htm E.P. Weber Report – Resolution http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2016-0360+0+DOC+XML+V0//EN Progress report on implementation of EU Disability Strategy http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=2725&furtherNews=yes

Recent publications * Report on "Reasonable accommodation for disabled people in employment contexts" http://ec.europa.eu/justice/discrimination/files/reasonable_accommodation_in_employment_contexts_final_en.pdf * Report on "The Employment Equality Directive and Supporting People with Psychosocial Disabilities in the Workplace" http://www.equalitylaw.eu/downloads/3966-the-employment-equality-directive-and-supporting-people-with-psychosocial-disabilities-in-the-workplace-a-legal-analysis-of-the-situation-in-the-eu-member-states