Some reflections on the principle of reasonable accommodation as a mechanism for maintaining employment and in the face of the termination of the employment contract

Abstract

This article analyzes the principle of reasonable accommodation as an essential legal instrument for maintaining the employment of people with disabilities and as a limit to the termination of employment contracts for reasons related to disability, work incapacity, or loss of functional capacity. Based on the human rights model enshrined in the Convention on the Rights of Persons with Disabilities, it examines how this principle imposes an active obligation on employers to adapt the workplace, in accordance with the case law of the Court of Justice of the European Union, which has defined the concept of "reasonable adjustment" as a requirement for the effective exercise of the right to equality and non-discrimination. The study underscores the need for a systematic and integrated interpretation of disability legislation, regulations on permanent incapacity, and preventive legislation, understood as parts of the same protective framework aimed at promoting continuity of employment and preventing exclusion from the labor market. Ultimately, it argues that reasonable accommodation is not a voluntary measure, but a legal obligation derived from the principles of substantive equality, inclusion, and accessibility, the omission of which may amount to a form of discrimination.