From Coleman to Bervidi: enhanced protection against discrimination by association on the ground of disability
Journal title GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI
Author/s Mariapaola Aimo
Publishing Year 2026 Issue 2026/191
Language Italian Pages 20 P. 419-438 File size 208 KB
DOI 10.3280/GDL2026-191005
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The contribution analyses the judgment delivered by the Court of Justice of the European Union in the Bervidi case, which strengthens the protection of workers who are caregivers of persons with disabilities by expanding the scope of the Employment Framework Directive 2000/78. In examining the preliminary questions referred to the Court and the corresponding answers, the Author focuses both on the innovative aspects of the ruling and on the argumentative and interpretative techniques employed. From the first perspective, the article highlights the progress made in comparison with the wellknown Coleman precedent, particularly with regard to the explicit recognition of protection against indirect discrimination by association for caregivers, as well as the attribution to employers of a duty to provide reasonable accommodation, which may affect organizational choices. From the second perspective, the Author underlines the teleological and dynamic interpretation of Directive 2000/78 adopted by the Court of Justice, which relies on the principle of the effet utile and on the duty to interpret EU law consistently with international obligations.
Keywords: Directive 2000/78; Prohibition of discrimination; Disability; Reasonable accommodation; Caregiver; Effet utile; Consistent interpretation.
Mariapaola Aimo, Da Coleman a Bervidi: una tutela rafforzata contro le discriminazioni per associazione sulla base della disabilità in "GIORNALE DI DIRITTO DEL LAVORO E DI RELAZIONI INDUSTRIALI " 191/2026, pp 419-438, DOI: 10.3280/GDL2026-191005