1. Dimitris Dimitriou European Commission EMPL/C3
CONFERENCE ON INCLUSIVE WORKPLACES -EMPLOYMENT OF PERSONS WITH DISABILITIES Malta - February 2017
Dimitris Dimitriou
European Commission
EMPL/C3

2. 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

3. 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).

4. Employment of disabled persons in EU
Progress report on implementation of EU Disability Strategy -
SWD(2017) 29 final of

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

6. 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 in C-363/12, Z

7. 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
Positive action is allowed to ensure full equality in practice

8. 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 .
The (proposed) Directive on accessibility is expected to have positive effect to equal treatment of disabled persons also in employment

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

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

11. Publications
Report on Implementation of Directive 2000/78/EC (COM + SWD)
E.P. Weber Report – Resolution
Progress report on implementation of EU Disability Strategy

12. Recent publications
* Report on "Reasonable accommodation for disabled people in employment contexts"
* Report on "The Employment Equality Directive and Supporting People with Psychosocial Disabilities in the Workplace"