Obligation to provide reasonable accommodation in employment for persons with disabilities in the light of international standards and Polish law and proposals for its amendments

Bibliogr. s. 89-92. Nieaktywne DOI: 10.4467/25444654SPP.25.006.21338

The aim of the paper is to draw attention to the discrepancies between the Polish legislation on the obligation to provide reasonable accommodation in employment compared to the standards resulting from international regulations and European labour law. This obligation remains essentially unchanged in the Polish legal system, despite the ratification of the UN Convention on the Rights of Persons with Disabilities of 13 December 2006 and the significant development of the case law of the CJEU concerning the interpretation of Article 5 of Directive 2000/78 of 27 November 2000 establishing a general framework for equal treatment in employment and occupation. It increasingly highlights the shortcomings of national regulation which significantly reduce effective protection against discrimination on grounds of disability in employment. This issue is also gaining importance in the context of the preparation by a team of experts, analysts and legislators of the draft law on equal opportunities for persons with disabilities. It increasingly highlights the shortcomings of national regulation which significantly reduce effective protection against discrimination on grounds of disability in employment. This issue is also gaining importance in the context of the preparation by a team of experts, analysts and legislators of a draft law on equal opportunities for persons with disabilities, which only to a certain extent takes into account the areas of non-compliance of the obligation to provide reasonable accommodation in employment with the mentioned standards. The analysis will also serve to present proposals for eliminating the diagnosed inconsistencies and to formulate conclusions and "de lege ferenda postulates.