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).
|Number of pages
|Published - 2021
- Disciplinary punishment