A disabled person may be reassigned to another post
The EU Court of Justice (judgment of 10.02.2022 in Case C-485/20) states that a worker who, because of his disability, has been declared unfit for the duties to which he was assigned, it must be used for other activities for which it has the required competences, unless such a measure imposes a disproportionate burden on the employer.
The Court of Justice noted, first of all, that the aim of Directive 2000/78 is to establish a general framework to ensure equal treatment for all persons in matters of employment and working conditions; providing effective protection against discrimination (including discrimination based on disability) - and is also applicable to the trainee.
According to the Court, in accordance with that directive, the employer - in the event of a person with a disability being declared unfit for work - must therefore take the necessary measures to enable him or her to remain in employment.
This should not, however, place a disproportionate burden on the employer, taking into account the costs, size and economic resources of the organisation or the possibility of obtaining public funds or other subsidies.
On this basis, the Court of Justice therefore states that: "Article 5 of Directive 2000/78/EC ... it must be interpreted as meaning that the notion of reasonable solutions for disabled persons within the meaning of that Article implies that a worker, including a worker undergoing post-recruitment training, who, because of his disability, has been declared unfit to perform the essential functions of the post he has occupied and has been assigned to another post for which he has the required skills, capabilities and availability, unless such a measure imposes a disproportionate burden on the employer".
