DISCRIMINATORY DISMISSAL BASED ON DISABILITY AND GENDER PERSPECTIVE

In recent years, the lack of social responsibility and the introduction of minimum guarantees for occupational capacity constraints are leading to an increase in the number of redundancies due to illness. Hence, jurisprudence should be interpreting widely, case by case, the different conflicts that arise. The contentious issue revolves around the concepts of "disability" and "illness", on which the correct measures of readaptation to the post are to be applied in order to guarantee the right to work and employment, on an equal footing with all workers. Several judgments of the Court of Justice of the European Union state that the dismissal of the worker is null and void in the light of Directive 2000/78/EC in the case of a long term illness and an uncertain prognosis (Cases C-13/05, Chacon Navas; C-335/11 and C-337/11, Ring; C-345/15, Daouidi; and, C-270/16, Ruiz Conejero). The decision of the Cantabrian Court of Justice of 18 January 2019 is now a pioneering step on the path of guaranteeing and safeguarding against discrimination on grounds of disability.