Chacón Navas v Eurest Colectividades SA (Case C-13/05) [200...

Facts

• The case concerned Ms. Chacón Navas, who was dismissed by her employer, Eurest Colectividades SA, due to her absence from work arising from sickness.
• The dispute centered on whether such sickness absence constituted a disability for the purposes of Directive 2000/78/EC, which requires equal treatment in employment and occupation.
• The European Court of Justice (ECJ) was tasked with interpreting Article 2(2)(a) of the Directive, particularly whether sickness absence itself fell within the Directive’s protection or whether a distinction between sickness and disability existed.
• The facts emphasized the importance of assessing the nature, duration, and effects of the employee’s condition, as well as whether reasonable accommodations could enable continued employment.

Issues

1. Whether sickness absence, not resulting in long-term limitations, could be classified as a disability under Directive 2000/78/EC.
2. What requirements must be met for a condition to fall within the definition of disability, especially regarding the necessity of long-term limitation.
3. Whether an employer’s dismissal related to sickness or disability could be objectively justified under the Directive.

Decision

• The ECJ held that the concept of "disability" under Directive 2000/78/EC is distinct from "sickness," and sickness absence alone does not automatically qualify as a disability.
• The Court clarified that disability requires a long-term limitation resulting from physical, mental, or psychological impairment which hinders full and effective participation in professional life.
• The mere possibility of future limitation is insufficient; there must be an existing, demonstrable long-term impact on the ability to work.
• The ECJ affirmed that dismissals may be justified if an objective and proportionate reason exists, unrelated to discrimination, and if reasonable accommodations have been considered.

Legal Principles

• Directive 2000/78/EC prohibits discrimination in employment and occupation based specifically on disability, requiring employers to make reasonable accommodations for disabled employees.
• "Disability" for the purposes of the Directive entails a condition causing a long-term limitation which substantially restricts professional life participation.
• Sickness and disability are separate legal concepts; sickness absence alone does not establish a disability without the requisite long-term limitation.
• Employers may justify dismissal of a disabled employee if there are appropriate, necessary, and proportionate objective grounds unrelated to the disability and after reasonable accommodation has been explored.

Conclusion

The ECJ’s decision in Chacón Navas v Eurest Colectividades SA established that sickness absence alone does not constitute disability under Directive 2000/78/EC. Only conditions involving a long-term limitation qualify for protection, and dismissals must be objectively justified and proportionate, ensuring a balanced application of non-discrimination principles in employment.