In its preliminary ruling of the 11th of September 2025 in Case C-38/24, the Court of Justice of the European Union reaffirmed and clarified the scope of protection against discrimination on the grounds of disability in employment. The Court held that the prohibition of indirect discrimination extends not only to employees with disabilities themselves but also to employees who suffer discrimination because they are primary caregivers of a person with disabilities. This marks a significant development, particularly in relation to discrimination by association.
The case was brought before the Italian Court of Cassation wherein the claimant, an employee, had requested permanent and fixed working arrangements in order to care for her son with disabilities. While temporary arrangements were granted, her request for permanent arrangements were denied.
Uncertain as to the interpretation of EU Law with regard to protection against indirect discrimination of an employee in this specific context, the Italian Court of Cassation referred the question to the Court of Justice of the European Union for a preliminary ruling.
The case was essentially examined in light of the EU Framework Directive on Equal Treatment in Employment, which prohibits discrimination on the grounds of disability. The Court referred back to the Coleman Judgement, wherein it had established that the Directive also applies to cases of discrimination by association, which in this case would refer to when an employee suffers less favourable treatment because of their relationship with an individual with a disability.
Moreover, the Court emphasised that the interpretation of the above-mentioned Directive must be seen in light of non-discrimination as a general principle, respect of the rights of the child and the right to integration of persons with disabilities provided for in the Charter of Fundamental Rights of the European Union, together with the provisions of the United Nations Convention on the Rights of Persons with Disabilities.
Together, these instruments underscore the importance of safeguarding the rights of persons with disabilities and their integration into society, whilst also recognising the rights of those who provide them with assistance and care.
The Court clarified that to protect the rights of persons with disabilities, the general principle of non-discrimination would have to include indirect discrimination by association on the grounds of disability. Only then can the equal treatment principle be ascertained.
At the same time, however, the Court recognised that employers are only obliged to provide reasonable accommodation, making sure that such accommodation would not impose a disproportionate burden. It then falls to the national court to assess, in the specific cases brought before it, whether a certain measure of accommodation would reach the threshold of proportionality.
This ruling embeds the principle of equal treatment within employment law. By confirming that indirect discrimination provisions extend to employees caring for individuals with disabilities, the Court strengthened the protection framework for caregivers while balancing this against the legitimate interests of employers.
For more information you can contact one of our Team Members at Mifsud & Mifsud Advocates.
