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18 Int'l J. Comp. Lab. L. & Indus. Rel. 403 (2002)
Expanding Concept of Employment Discrimination in Europe: From Direct and Indirect Discrimination to Reasonable Accommodation Discrimination, The

handle is hein.kluwer/cllir0018 and id is 415 raw text is: WINTER 2002 LISA WADDINGTON AND AART HENDRIKS* The Expanding Concept of Employment Discrimination in Europe: From Direct and Indirect Discrimination to Reasonable Accommodation Discrimination Abstract: The failure to reasonably accommodate workers who face obstacles in the labour market, for example because of a disability, is increasingly perceived as an unacceptable form of employment discrimination. In response, the scope of various non-discrimination instruments has recently been extended to include a right to be accommodated. The aim of this article is to describe and examine the concept of reasonable accommodation, analyze how this concept relates to the broader notion of equality. We attempt to classify the concept of reasonable accommodation, referring to the existing dual non-discrimination framework. It is asserted that the right to be accommodated, though far from new, is potential- ly a powerful tool to assist individuals in overcoming barriers in the labour mar- ket. At the same time, individual accommodations leave unchallenged and unaf- fected underlying discriminatory policies and practices. 1. INTRODUCTION Legislation prohibiting discrimination is now regarded as an essential ele- ment of the response of national governments and international organiza- Lisa Waddington is a Senior Lecturer in European Union Law at Maastricht University, the Netherlands and a member of the European Community Group of Experts on Combating Discrimination on Grounds of Disability. Aart C. Hendriks is a Member of the Dutch Equal Treatment Commission (CGB) and a Member of the Dutch Pre- Employment Medical Examinations Complaints Commission (CKA). Both authors are members of the Legal Experts Group of the European Disability Forum (EDF) and the Board of Advisors of the Dutch Council of Disabled and Chronically Ill Persons (CG- Raad). The views expressed in this paper are strictly personal and do not necessarily reflect those of the institutions the authors work for or advise. The International Journal of Comparative Labour Law and Industrial Relations, Volume 18/3, 403-427, 2002. © Kluwer Law International (KLI). Printed in the Netherlands. THE INTERNATIONAL JOURNAL OF COMPARATIVE LABOUR LAW AND INDUSTRIAL RELATIONS Copyright © 2007 by Kluwer Law International. All rights reserved. No claim asserted to original government works.

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