The duty to provide reasonable accommodation in the workplace is a measure to combat discrimination on the ground of disability, whose importance has been growing in recent years. Its incorporation into article 5 of Directive 2000/78, added to the central role granted in the Convention of Rights of People with Disabilities, has placed it as the legal materialization of the social paradigm of treatment of disability, that advocates for social integration and full participation of people with disabilities. Thus, this doctoral thesis is responsible for analyzing the origin, evolution and current configuration of the duty to provide reasonable accommodation in the workplace for people with disabilities. In this regard, it offers an international, European, compared and national vision of its configuration and its implications in the legal systems that have regulated it. For that purpose, the evolution of disability treatment from an international and European point of view is first examined, detailing what has been the institutional role in the labor integration of people with disabilities. Second, the thesis focuses on a comparative and Spanish characterization of the obligation to provide reasonable accommodation in the workplace for people with disabilities, examining for this purpose the regulation of the American, Canadian, British, French and Spanish legal systems. This work aims to analyze issues of interest regarding the aforementioned business duty, such as the characterization of the obligation, what adjustments should be considered reasonable, the regulation of the disproportionate burden or the consequences of its breach, as well as the relationship that exists between the duty to provide reasonable accommodation and domestic institutions of external flexibility, with special consideration to the extinction of the employment contracts of people with disabilities. Hence, the multilevel approach, which addresses together the evolution of disability and the duty to provide reasonable accommodation in the workplace, allows to formulate proposals for improving the effective application of the mentioned labor integration mechanism in Spain.
- People with disabilities
- Non discrimination in employment
- Reasonable accommodation
La obligación de realizar ajustes razonables en el puesto de trabajo para personas con discapacidad: origen, evolución y configuración actual. Una perspectiva desde el derecho comparado y el derecho español
Gutierrez Colominas, D. (Author). 26 Apr 2018
Student thesis: Doctoral thesis
Student thesis: Doctoral thesis