Original scientific paper
https://doi.org/10.3935/zpfz.70.23.04
The Reach of Reasonable Accommodation (in Domestic, Anglo-Saxon and EU Law)
Ivana Grgurev
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Based on the acquis communautaire, the legislator in the Republic of Croatia explicitly refers to the concept of reasonable accommodation solely for persons with disabilities. Considering the development of anti-discrimination law, this paper starts with the thesis that, for the sake of transparency and better protection, the law should expressly stipulate that this term has been extended to other vulnerable groups. This paper analyzes employers’ obligations regarding the adaptation of workplaces and working conditions to employees with disabilities, as well as employees belonging to other vulnerable groups (employees with religious beliefs and employees with family responsibilities). The topic is approached by a comparative method, pointing to solutions from the Anglo-Saxon legal circle. In the section dealing with European Union law, attention is paid to recent legislation and the case law of the Court of Justice of the European Union to demonstrate that, when it comes to reasonable accommodation, EU law is gradually being opened up to employees with family responsibilities and employees with religious beliefs. The paper pays special attention to the conscientious objection, which, to date, has not been approached as a form of reasonable accommodation in the domestic legal theory.
Keywords
reasonable accommodation; discrimination; conscientious objection; Anglo-Saxon legal circle; EU law
Hrčak ID:
244576
URI
Publication date:
28.9.2020.
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