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The worker maintains that there is a close link between his disabled condition and his absences. Therefore, he requests the annulment of the dismissal ; since, according to him, it constitutes flagrant discrimination in terms of disability. In its defense, the company points out to the Spanish judge that it was unaware of the claimant's status as a disabled worker at the time of his dismissal.
In addition, it considers that disabled workers are much more exposed than other workers, due to the risk that the absence threshold established in the Workers' Statute Whatsapp Mobile Number List may be applied to them, regardless of whether the employer is aware of it or not. the employee's disability status. Thus, it is appreciated that there is a different treatment that involves indirect discrimination on the grounds of disability.
According to Directive 2000/78, and this difference cannot be objectively justified with a legitimate purpose. Is indirect discrimination justified? The judgment handed down by the Court of Justice qualifies that, despite having recognized the condition of disabled worker, according to Spanish Law, this is not directly related to having a disability for the purposes of the Directive.