Diskrimineringsskydd för personer med funktionsnedsättning - Gränsen mellan skäliga åtgärder för tillgänglighet och oskälig belastning för arbetsgivaren

Sammanfattning

People with disabilities risk being subjected to discrimination in working life to a greater extent than people without such disabilities. These individuals are often in need of support and workplace adjustments, which creates an obligation for employers to take reasonable accessibility measures that can place the person in a comparable situation to those without the disability. Using the legal-dogmatic method, with particular emphasis on case law, the overarching purpose of this essay has been to examine the legal sources that regulate the prohibition of discrimination against people with disabilities. The primary focus has been on analyzing the prohibition of inadequate accessibility and the associated assessment of reasonableness that is conducted. In addition, the forms of direct- and indirect discrimination have been discussed to broaden the perspective. National legal sources have been central to answering the research questions, but international regulations have also been applied due to their strong connection to Swedish anti-discrimination legislation. The protection for people with disabilities is comprehensive, and the different forms of discrimination resemble each other in many aspects. Despite this, all three forms are necessary to achieve the complete prohibition of discrimination that rests on the employer. The essay shows that the employer´s obligations to investigate possible adjustments and implement measures are far-reaching, but not absolute. The assessment of reasonableness is based on several factors and must consider the organization´s financial and practical conditions, the duration and extent of the relationship and other circumstances of importance. It is also concluded that any required measures must always be considered reasonable and not result in a disproportionate burden on the employer. What is to be regarded as reasonable, however, cannot be expressed concretely, which is why it must always be determined in each individual case.