The Ada-a Model for Europe with 'Sharper Teeth'?
Labor Law Journal › Vol. 56 Nbr. 1, April 2005
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Summary
There is a new European legal emphasis on persons with disabilities as human subjects rather than as objects, persons who have the potential and the possibilities to contribute to marketplace productivity. Two major European Commission (EC) Directives announced in 2000 fundamentally expand anti-discrimination protections for workers. The first, the so-called Race Directive, is the broader of the two in one respect, since it applies across the spectrum. That is, its provisions address not only employment discrimination, but also discrimination in other areas, such as housing, transportation, and education. The second, the Framework Directive, although limited to employment law, protects workers from discrimination based upon religion or belief, disability, age and/or sexual orientation. The EC has looked to the Americans with Disabilities Act as a beginning point, and its relevance when analysing the responses to the directive cannot be over-estimated.
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Extract
The Ada-a Model for Europe with 'Sharper Teeth'?
...I wish...for the passionate sense of the potential, for the eye which... sees the possible....
Soren Kierkegaard, 19th century Danish philosopherKierkegaard's wish might be regarded s a prescient view of a new European legal emphasis on persons with disabilities as human subjects rather than as objects, persons who have the potential and the possibilities to contribute to marketplace productivity. Lawyers who represent clients engaging in business in Europe, particularly clients actually establishing European branches, keeping current on work setting discrimination laws is critical. Two major European Commission (EC) Directives announced in 2000 fundamentally expand anti-discrimination protections for workers.The first, the so-called Race Directive,1 is the broader of the two in one respect, since it applies across the spectrum. That is, its provisions address not only employment discrimination, but also discrimination in other areas, such as housing, transportation, and education.The second, the Framework Directive,- although limited to employment law, protects workers from discrimination based upon religion or belief, disability, age and/or sexual orientation. (Prior EC Directives have prohibited discrimination based on sex.3) The year 2003 was the European Year of the Disabled, probably a direct response to ...See the full content of this document
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