"Discapacidad psíquica "menor", medidas disciplinarias en el marco de una relación de empleo, discriminación y ajustes": Comentario a la Sentencia del Tribunal Constitucional de 15 de marzo de 2021 (STC 51/2021)

Translated title of the contribution: “Minor” mental disability, disciplinary measures in the context of a employment relationship, discrimination and adjustments.: Commentary on the Constitutional Court judgment of 15th march 2021 (STC 51/2021).

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Abstract

This commentary deals with a constitutional judgement on a disciplinary punishment imposed to a public employee with a minor mental impairment. First, the paper focuses on the protection against discrimination in case of minor disabilities which are outside the legal threshold of disability. Besides, the paper also deals with the duty to provide reasonable adjustments, even when the disabled employee hides his or her impairment. Finally, the commentary focuses on the violation of the right of presumption of innocence and the principle of guilt.
Translated title of the contribution“Minor” mental disability, disciplinary measures in the context of a employment relationship, discrimination and adjustments.: Commentary on the Constitutional Court judgment of 15th march 2021 (STC 51/2021).
Original languageSpanish
Pages (from-to)316-330
Number of pages15
JournalIUSLabor
Issue number2/2021
Publication statusPublished - 2021

Keywords

  • Adjustments
  • Disability
  • Disciplinary punishment
  • Discrimination

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