Discrimination of Disabled People on the Labor Market

Serap Yilmaz

Student thesis: Master thesis

Abstract

In Denmark, the Discrimination Act contains a prohibition of discrimination against disabled people on the labor market. The Act is an implementation of the EU Employment Directive 2000/78. The aim of the Directive is to combat discrimination in employment and occupation on the grounds of religion or belief, disability, age or sexual orientation. The directive also contains a requirement for adapting the workplace to a disabled person to promote access to employment and education. The adaptation obligation does not apply if it represents a disproportionate burden for the employer. If the employee has had an aggregate of 120 paid sickness days during a continuous period of twelve months, the employee may be dismissed with one month’s notice to expire on the last day of any month, provided such notice is given immediately upon expiry of the 120 sickness days and whilst the employee is sick, cf. section 5(2) of the Danish Salaried Employees Act (Funnktionærloven). Before an employee can be terminate pursuant to this provision, there are a number of conditions that the company must pay attention to, so that termination takes place within the Employers' Act and the Discrimination Act. This thesis examines discrimination against disabled people on the labor market, since the area from a legal perspective has raised doubts as, how the rules should be understand in practice. The concept of disability is a dynamic concept and is in practice recognized as being a very definable concept, as there may be situations where disorders usually will not be consider as a disability, yet can be perceive as one. In this situation, a company may not terminate an employee in view of his disability if he / she is able to take care of the position because of the company's adjustments. The employer's adaptation obligation was on a test in the national cases Ring and Werge, which has contributed to a further understanding of a number of conditions that were previously unclear. From an economic perspective, the Danish labor market is characterized by high flexibility and social security (flexicurity). The question here is whether the Danish flexicurity model has a positive effect on the disabled person or if it only reserved for people without disabilities. The Danish labor market is also characterized by a particular focus on inclusion. Here are a number of government support schemes that aim to include disabled people on the labor market and thus increase employment for disabled people. From an overall perspective, the labor market is intended for everyone, but the question is whether or not this also applies to people with disabilities.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
LanguageDanish
Publication date2018
Number of pages81