The disabled are believed to constitute 17% of the Danish population. It has been assessed that about 43% of them are in employment at present time1.
In regards to this relatively high number, the labor market conditions of the disabled are researched in this thesis.
First of all, in the thesis the labor market conditions have been analyzed. As a result it has been observed that people with some disabilities are at a serious disadvantage when it comes to job recruitment. In this context it is also deduced that people with disabilities have a tendency to stay in the same company for longer periods of time than the rest of the workforce, which may be due to the fact that it is harder for them to achieve employment elsewhere.
Some legislation has been introduced to make the conditions on the labor market easier for the disabled. For example, the disabled have priority when it comes to employment in the public sector, and have a possibility to be employed in a flex job etc.
Another legislation requires from the companies providing reasonable accommodation for the disabled people. The provision means that the employers have to take appropriate measures to enable people with disabilities to participate in the labor market, on par with others. The rule only applies as long as it is not too much of a burden for the employer2.
The thesis makes a literal interpretation of the provision of article 5, looks at case law and processing to the law, and concludes that some conditions in accommodation will never deviate, while others have to undergo a concrete assessment.
The provision in article 5 sets up economic expenses for the companies because they are incurred a financial burden due to the provision. Regardless of whether a disabled person is hired or not, the companies will have expenses due to the fact that they have a duty to investigate if a person is competent, capable and available to perform the essential functions of the position in question. The economic expenses have to be in accordance with the proportionality principle, the bigger the company, the higher the requirements concerning accommodation for the disabled.
1 Henning Bjerregaard Bach og Helle Holt: De udsatte grupper og arbejdsmarkedet (Notat), 2016, s. 8
2 According to directive 2000/78, article 5.
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