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Case Law C-38/24 (11/09/2025)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/11/2025

Subject: According to the Court, the prohibition of indirect discrimination on grounds of disability applies to an employee who does not himself or herself have a disability but who is subject to such discrimination because of the assistance that that person provides to his or her child who has a disability, which enables that child to receive the primary care required by virtue of his or her condition. The Court affirmed that an employer is required, in order to ensure compliance with the principle of equal treatment of workers and the prohibition of indirect discrimination, to make reasonable accommodation, provided that that accommodation does not impose an unreasonable burden on that employer

Parties: Bervidi

Classification: Equality - Art. 21 Non discrimination - Art. 24 Children’s rights - Art. 26 Rights of the disabled

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