European Court of Justice upholds rights of employees with a disabled child

On 11 September 2025, the European Court of Justice issued an important ruling on (indirect) discrimination against employees caring for a child with a disability. Employers must provide reasonable adjustments, such as a modified work schedule, unless it places an unreasonable burden on the organisation.

This ruling confirms and strengthens the position of working parents of a disabled child.

Background of the case

An Italian employee asked her employer for a fixed workplace and a fixed morning work schedule. This would enable her to better balance caring for her child, who has a severe disability, with her work. The employer refused to allow this permanently.

The case eventually came before the European Court of Justice, which examined the application of European anti-discrimination directives.

Protection against indirect discrimination

The Court ruled that the prohibition of discrimination on grounds of disability should be interpreted more broadly than merely protecting the person with the disability. This protection also extends to a person closely related to a disabled person, such as a parent. This principle is called discrimination by association.

In Belgium, this has already been legally enshrined in the Act of 20 June 2023. With this ruling, the Court confirms that such a form of indirect discrimination is prohibited.

As an example, a seemingly neutral rule, such as a fixed shift schedule for all employees, may put a parent of a disabled child at a particular disadvantage.

Duty to make reasonable adjustments

Employers are obliged to provide reasonable adjustments for parents of disabled children. Consider:

• flexible working hours
• an adapted range of tasks
• the possibility to work at a fixed location

The aim is to enable employees to perform their caring duties without giving up their careers.

However, this duty is not absolute. The adjustments should not impose a disproportionate burden on the employer. National courts will determine on a case-by-case basis whether this occurs, taking into account factors such as financial costs and company size.

Inclusive corporate culture as a strategic asset

The Court's ruling motivates employers across the EU, including in Belgium, to take a critical look at their HR policies. It presents an opportunity to create a more inclusive workplace.

Employees expect their employer to take action in this area. Our Talent Pulse 2025 shows that 62% of employees consider it important for their (future) employer to have a clear focus on inclusion. According to them, these are the five most important aspects of an inclusive workplace:

1. Respect and equality (65%)
2. Open communication, allowing employees to share ideas and concerns (50%)
3. Equal opportunities for growth, development and career advancement (42%)
4. Zero tolerance for discrimination and harassment (35%)
5. Flexible working arrangements, considering employee needs (27%)

So a diversity policy is not a nice-to-have, but a must-have. Such policies include specific actions, programmes and initiatives that together contribute to an inclusive organisational culture. It is essential to open the conversation with employees, understand their needs and develop workable solutions together in different areas, such as work schedules, task allocation and (flexible) remuneration.

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