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Dimitris Dimitriou European Commission EMPL/C3

PUBLIC HEARING on EMPLOYMENT OF PERSONS WITH DISABILITIES Follow-up on EED 2000/78/EC EESC- June 2017. Dimitris Dimitriou European Commission EMPL/C3. Some Data. Employment rate of people with disabilities is as low as 48.7% (against 72.5% for non-disabled)

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Dimitris Dimitriou European Commission EMPL/C3

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  1. PUBLIC HEARING onEMPLOYMENT OF PERSONS WITH DISABILITIESFollow-up on EED 2000/78/EC EESC- June 2017 Dimitris Dimitriou European Commission EMPL/C3

  2. Some Data • Employment rate of people with disabilities is as low as 48.7% (against 72.5% for non-disabled) Source: ANED estimation basedon EU-SILC 2014 • Lack of equalopportunities in labour marketwas the mostfrequentlymentionedproblem by respondents to the 2016 public consultation on EU DisabilityStrategy

  3. Some Data - 2015 Eurobarometer on discrimination in EU • Discrimination based on disability is seen as more widespread than was the case in 2012 (50% against 46%). There is increasing knowledge of the rights of victims of discrimination (45% against 37% in 2012). • 3% (2% in 2012) say that in the last year they personally felt discriminated for reasons of disability (in comparison, 21% for all grounds) . • 46% (up from 40% in 2012) perceive that discrimination in recruitment exists because of disability (in comparison, 56% perceive old age discrimination; 46% race).

  4. Employment of disabled persons in EU • Progress report on implementation of EU Disability Strategy - SWD(2017) 29 final of 02.02.2017 http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=2725&furtherNews=yes

  5. Legal framework in EU • Directive 2000/78/EC • UN Convention on the Rights of PersonswithDisabilities (UNCRPD)

  6. UNCRPD • UNCRPD isintegral part of EU legalorder. EU is a party and isboundwithin the limits of itscompetences • However, its provisions do not have direct effect (they are not unconditional or sufficientlyprecise but require adoption of subsequentacts) • Directive 2000/78 issuch an implementingact and must beinterpreted, as far as possible, in a manner consistent with the Convention ECJ judgement of 18.03.2014 in C-363/12, Z

  7. Directive 2000/78/EC • Concept of 'disability' defined by ECJ (e.g. C-335/11, HK Danmark) • Article 5 on reasonable accommodation – Key provision • Obligation on employers to the benefitof disabledpersons • Wherenecessary in a particular case, to enableequalaccess / participation • Condition: No disproportionateburden on employer • Recitals 20 - 21 • Positive action isallowed to ensure full equality in practice

  8. Directive 2000/78/EC • No explicit provision on accessibility • National lawmayprovide more favorable requirements • Equalaccessmaybeachievedthroughreasonable accommodation and accessibility . Lack of accessibilitymayamount to someform of discrimination in particular cases • The (proposed) Directive on accessibilityisexpected to have positive effect to equaltreatment of disabledpersonsalso in employment

  9. Examination of transposition of Directive 2000/78 • Monitoring by Commission of legal and practicalimplementation • ECJ judgement of 4.7.2013 in case C-312/11, Commission v Italywith regard to reasonable accommodation • Infringements: all closednow. • Complaints by citizens; WQ; Petitions

  10. Examination of implementation of Directive 2000/78 - Remaining challenges in particular: • Awareness of rights/obligations • Enforcement - Policy action (not onlylegislation) - Need to involve all stakeholders 2014 Commission Report on Implementation of Directive 2000/78/EC

  11. Recent ECJ cases regarding discrimination based on disability * C-395/15, Daoudi , ES – Concept of 'long-term' incapacity Judgement of 01.12.2016 • * C-406/15, Milkova, BG – more favourable treatment of disabled workers on employment contracts under private law in comparison to civil servants Judgementof 09.03.2017 • * C-270/16, Conejero, ES – dismissal for absences from work related to disability Pending

  12. Publications • Report on Implementation of Directive 2000/78/EC (COM + SWD) http://ec.europa.eu/justice/discrimination/law/index_en.htm • E.P. Weber Report – Resolution http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P8-TA-2016-0360+0+DOC+XML+V0//EN • Progress report on implementation of EU Disability Strategy http://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=2725&furtherNews=yes

  13. Recent publications • * Report on "Reasonable accommodation for disabled people in employment contexts" • http://ec.europa.eu/justice/discrimination/files/reasonable_accommodation_in_employment_contexts_final_en.pdf • * Report on "The Employment Equality Directive and Supporting People with Psychosocial Disabilities in the Workplace" • http://www.equalitylaw.eu/downloads/3966-the-employment-equality-directive-and-supporting-people-with-psychosocial-disabilities-in-the-workplace-a-legal-analysis-of-the-situation-in-the-eu-member-states

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