Sickness not Equated with Disability

A person dismissed purely on account of sickness was not discriminated against on grounds of “disability” in the meaning of, and therefore did not come within the scope of, Council Directive 2000/78/EC on equal treatment in employment and occupation.

The Grand Chamber of the Court of Justice of the European Communities so held on a reference for a preliminary ruling by the Juzgado de lo Social No 33 de Madrid, Spain.

The Court said that “disability” in the context of the Directive referred to a limitation resulting from physical, mental or psychological impairments which hindered participation in professional life over a long period of time.

“Sickness” could not be equated with “disability”.A person who had been dismissed solely on account of sickness therefore did not fall within the Directive.