On 11 September 2025, the European Court of Justice (ECJ) in Luxembourg, has ruled that the right to reasonable accommodation in employment extends not only to people with disabilities themselves but also to working family members without disabilities who care for their children with disabilities. Autism-Europe welcomes this landmark judgment, which significantly strengthens workplace protection for families and carers of children with disabilities.
In its decision, the European Court of Justice confirmed that families of children with disabilities must be shielded from indirect discrimination “by association.” This means employers are legally obliged to provide reasonable workplace accommodation for non-disabled parents caring for their own children with disabilities.
The case originated in Italy and was referred to the ECJ by the Supreme Court of Cassation. It involved a security operator at a Rome metro station who repeatedly requested fixed working hours so she could meet the extensive care needs of her minor son with disabilities, who has high support needs. While his mother’s employer temporarily granted some adjustments, these were never made permanent. When she challenged this decision, both the Court of Rome and the Court of Appeals dismissed her claim. In 2022, the Supreme Court of Cassation also rejected her case, but referred key legal questions to the European Court of Justice: whether EU Directive 2000/78/EC on equal treatment in employment applies in situations of indirect workplace discrimination against family members and carers of children with disabilities, and whether European Union law in line with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) obliges employers to provide reasonable accommodation for these family members.
On 11 September 2025, the ECJ answered both questions affirmatively. This marks the first time that protection against indirect discrimination by association has been formally recognised by the highest European Union court, setting a precedent within EU law.
Autism-Europe welcomes the judgment as a crucial step forward for families of children with disabilities, particularly mothers and women, who are statistically more likely to shoulder the bulk of caregiving responsibilities. By strengthening families and carers’ rights to balance their professional and parental duties, this decision could help prevent many from being pushed out of the labour market. In addition, Autism-Europe calls for reasonable accommodation in the workplace for autistic people and their families in accordance with the UNCRPD.
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