Mourant

IBA Annual Conference Rome 2018

7 Oct - 12 Oct 2018

Session Room S, Level -1

Session information

Accommodating both the needs of employees with disabilities and the needs of the business

Wednesday 10 October (1430 - 1545)

Session Room S, Level -1

Committee(s)

Diversity and Equality Law Committee (Lead)

Description

Employment and labour laws of various countries treat the rights of employees and applicants with disabilities in a widely disparate fashion. Many countries prohibit discrimination on the basis of disability. The United States even prohibits discrimination on the basis of perceived disability, regardless of whether the individual is actually disabled. Many countries, too, require that employers make a reasonable accommodation for employees with disabilities. However, the rules on reasonable accommodation are always complex and often inconsistent. The well-known maxim, ‘your rights stop where my rights start’, may come into play. In most countries, the employer's obligation to make a reasonable accommodation is limited by the doctrine of unreasonable burden. That is, the employer's obligation to make a reasonable accommodation does not extend to the point where the burden on the employer in doing so is unreasonable. However, when is an accommodation unreasonable and how does one measure this? Should the cost to the employer of making the accommodation come into play? Should the standards be different if the individual is an employee or an applicant with disabilities? Should there be a limit on the number of employees an employer with disabilities must accommodate? What about the employer's resources - if accommodating individuals with disabilities will negatively affect the employer's revenues, or its profits, should this be a factor in determining whether the accommodation is reasonable? This session will bring together experts in disability law for a lively discussion of these burgeoning issues.

Session / Workshop Chair(s)

Ronnie Neville Mason Hayes & Curran, Dublin, Ireland; Senior Vice Chair, Diversity and Equality Law Committee
Mikael Pelan Lusis Avocats, Paris, France; Membership Officer, Diversity and Equality Law Committee

Speakers

Shalini Agarwal In Se Legal, Delhi, Delhi, India
Monia Dardi Adecco Foundation, Rome, Italy
Marina Limido Allianz Partners, Milan, Italy
Elisa Noto
Francesco Reale Fondazione Adecco per le Pari Opportunità, Milan, Italy
Baba Zipkin Millrace Consulting, Other City, Virginia, USA