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 |
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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: | 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 |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/11701 |
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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