Disability discrimination of an employee in a special employment center: non-renewal of an employment promotion contract during aptitude tests

Commentary on the Ruling of the High Court of Justice of Galicia 1889/2025, of April 3

Abstract

The judgment refers to a termination of contract decided by the company in accordance with a legislation that provides a specific fixed-term contract for disabled workers. However, the worker sues the company on the basis that this termination hiddens disability discrimination. The company had assessed the psychotechnical ability of the employee after almost two years of ordinary execution of the services and, provided she had not passed the test, decided the termination of the contract. The Court, applying the burden of proof established for the cases in which fundamental rights violation is alleged, qualified the dismissal as void, guarantying compensation for moral harms to the employee.