ECJ: Disabled Children’s Parents Protected from Discrimination

Sept 19, 2025 Benn-Ibler Rechtsanwälte

The European Court of Justice (ECJ) has extended its case law concerning workplace discrimination by recognizing that parents of disabled children may refer to the prohibition of indirect discrimination. Employers are required to consider the needs of employees with disabled children where feasible.

Workplace discrimination

In the case at hand, a ward supervisor requested that her employer assign her permanently to a position with fixed working hours due to her responsibility to care for her severely disabled, fully incapacitated son. The employer initially implemented temporary adjustments but declined to grant a permanent arrangement. Consequently, the employee initiated legal proceedings. The Italian Court of Cassation submitted the case to the ECJ for a preliminary ruling, seeking clarification on the interpretation of EU law regarding protection against indirect discrimination for an employee who is not disabled but provides care for a severely disabled minor child.

The ECJ has clarified that the prohibition of indirect discrimination based on disability, as set out in Framework Directive 2000/78/EC, extends to employees who may not themselves be disabled but face disadvantages due to their responsibilities in caring for a disabled child. This interpretation builds upon the precedent established in the Coleman case, which previously addressed direct ‘discrimination by association.’

The Court underscored that the Directive should be construed with reference to the EU Charter of Fundamental Rights and the UN Convention on the Rights of Persons with Disabilities. These instruments mandate protection against discrimination for persons with disabilities and, by extension, their families.

Employers are obligated to consider reasonable adjustments to accommodate parents of disabled children, enabling them to fulfil care responsibilities without facing disadvantage. This requirement does not apply if implementing such adjustments would impose an undue burden on the employer. It is the responsibility of the national court to evaluate whether the employer's refusal was proportionate in each specific case

The national court shall assess whether the employer’s refusal was proportionate under the circumstances.

ECJ C-38/24 (11 September 2025)