Dismissal of Disabled Employee not Discriminatory if Reasonable Accommodation Is Provided

This case concerns whether dismissal of a worker on the basis of productivity, multiskilling, and absenteeism constitutes indirect discrimination within the meaning of Article 2(2)(b) of Directive 2000/78/EC if the worker has a recognized disability and therefore has difficulties meeting these criteria. The answer of the Court of Justice of the European Union (cjeu) appears straightforward: yes, the criteria are discriminatory if the employer has not provided reasonable accommodation for the worker; and, no, no discrimination is involved when it has been provided. However, in practice determining either can prove difficult. It is possible that an employer has taken appropriate measures, but that nevertheless a dismissal on grounds related to disability still affects a disabled employee more than others. In that case, it must be decided whether the employer’s interests outweigh those of the employee or vice versa.