Ferri, Delia (2019) Daouidi v Bootes Plus SL and the Concept of ‘Disability’ in EU Anti-Discrimination Law. European Labour Law Journal, 10 (1). pp. 69-84. ISSN 2031-9525

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Abstract

Daouidi v Bootes Plus SL is one the latest decisions in which the CJEU has been directly confronted with the concept of disability in the realm of EU anti-discrimination legislation. In particular, in this judgment, the Court attempted to identify when the dismissal of a worker due to temporary incapacity of an unknown duration may constitute direct discrimination on the grounds of disability. This decision appears to be significant in that, for the first time, the CJEU discusses the meaning of ‘long-term limitation’ for the purpose of Directive 2000/78. Although the Court treads carefully, it attempts to further elucidate and bring new elements to the definition of disability in EU anti-discrimination law. In spite of the fact that the Court is potentially widening the notion of disability, it appears, once again, quite reticent in its approach to the role of social, environmental and attitudinal barriers in disabling an individual, and remains somewhat ‘trapped’ in the medical model of disability. All in all, this analysis endeavors to highlight that the CJEU is struggling to move beyond a rhetorical recognition of the social model of disability and to apply this in practice.

Item Type:	Article
Keywords:	Directive 2000/78; disability; social model of disability; medical model of disability; long-term limitation; discriminatory dismissal;
Academic Unit:	Faculty of Social Sciences > Law
Item ID:	11701
Identification Number:	https://doi.org/10.1177/2031952518817568
Depositing User:	Delia Ferri
Date Deposited:	14 Nov 2019 10:37
Journal or Publication Title:	European Labour Law Journal
Publisher:	Sage Publications
Refereed:	Yes
URI:	Publisher
Use Licence:	This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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