English

C-076/06 Discrete and hidden minority groups

In this decision, the Court referred to one of the disadvantaged collectives called "discrete or hidden minorities," composed of people who have a serious or profound disability or disadvantage in speech, hearing or vision. The Court held that despite the fact that people who suffer from severe physical or sensory disability make up a significant percentage of the population, they have been historically and silently marginalized. Until very recently these groups were invisible, their concerns did not occupy any place in the public agenda or in the demands of social organizations, the public authorities treated them with contempt or paternalism and the right itself assimilated them to incapacities and imposed them, arbitrary way, multiple disabilities.

Therefore, the Court decides that in no case may the limitation of a person be grounds for hindering an employment relationship, unless that limitation is clearly demonstrated as incompatible and insurmountable with respect to the essential functions of the position to be performed. Persons with disabilities can not be denied, conditioned or restricted access to a job - public or private - or the obtaining of a license to exercise any position, based on the respective disability, unless it is demonstrated that the The function that is affected or diminished is essential for the essential tasks of the position or respective employment.