Discrimination on the Basis of Disability
Direct and indirect discrimination, harassment and incitement to discrimination based on disability shall be prohibited in all areas of public law and in areas such as:
- employment (including access to information on vacancies; selection criteria for recruitment and recruitment itself; promotion; working conditions; pay for work; termination of employment);
- choosing a profession;
- education (including continuing education);
- vocational training (including retraining, upskilling and practical work experience);
- membership of professional organisations or trade unions;
- protection of the rights of the child;
- protection of rights and legitimate interests.
Disability as a ground for discrimination is viewed in the wider context of a person’s mental or physical health – peculiarities or disadvantages that place a person in a comparatively disadvantaged position. Discrimination does not depend on the person having an officially acknowledged disability status (which defines disability quite narrowly). Their deficiency can be minor — for example, impaired vision or back pain.
Persons with disabilities have the right to require that the educational institution or the employer reasonably provide for the person’s specific individual needs: flexible working hours, physical environment, accessibility, appropriate equipment and technology for the performance of work tasks, participation in training, the possibility to take part in normal workplace activities, provided that this does not impose a disproportionate burden on the employer. In assessing proportionality, the following aspects should be taken into account: expenditure necessary; the size and financial resources of the organisation; the possibility of receiving public funding.
A difference in treatment based on the disability of an employee is permissible only if a certain state of health is an objective and justified precondition for the performance of the work or the relevant occupation. For example, working in the armed forces, police, prison or rescue services requires appropriate physical training to maintain the operational capacity of these services.