Court of Justice of the European Union Strengthens the Rights of Parents With Disabled Children

Quick Hits

• The European Union’s “Equal Treatment Framework Directive” (Directive 2000/78/EC) also protects employees, who are not themselves disabled, from discrimination by association on grounds of disability, such as parents who care for a child with a disability and are disadvantaged as a result.
• In such cases, employers must provide reasonable accommodation, such as adjustments to working hours or to the workplace, insofar as doing so would not cause a disproportionate burden.

The Case—From Working Time Adjustment to the Referred Question

The CJEU’s judgment (September 11, 2025, Case C‑38/24) arose from a case in Italy. An employee worked shifts as a supervisor in a subway station. At home, she cared for her minor son with a severe disability, who had to attend a treatment program at fixed times in the afternoon. To ensure her child’s treatment, she asked her employer to allow her to work permanently at fixed morning hours and, in addition, to be assigned to a fixed place of work. The employer granted her request for a fixed workplace but refused to limit her working hours permanently to the mornings. The employee considered this discriminatory and sued. After divergent decisions by the Italian labor courts, the Italian Court of Cassation referred a question to the CJEU to resolve a central issue not yet fully addressed in the case law of the European courts: Does an employee without a disability fall under the anti-discrimination protection provided by EU law, when caring for a child with a disability?

The Judgment—Anti-Discrimination Protects the Parents

The CJEU clarified that the prohibition of indirect discrimination on grounds of disability also protects parents who are disadvantaged due to caring for a child with a disability. This is based on Directive 2000/78/EC, which must be interpreted broadly in light of various EU and international instruments, including the EU Charter of Fundamental Rights and the UN Convention on the Rights of Persons with Disabilities. Directive 2000/78/EC establishes a general framework for combating all forms of discrimination in employment and occupation, including on grounds of disability. According to the CJEU, the directive’s practical effectiveness would be undermined if it protected only against direct discrimination of persons with disabilities. Discrimination “by association” against caregiving parents—such as through rigid shift schedules—therefore also falls within the scope of the directive. Only in this way can it be ensured that parents of children with disabilities are treated equally in employment and are not disadvantaged because of their children’s situation.

Is There a Right to Adjusted Working Hours?

The CJEU’s decision does not create a blanket right to the exact working hours requested. That determination must now be made by the Italian courts on the facts of the case. However, the CJEU held that employers are obligated to provide “reasonable accommodation” with respect to the work environment for caregivers of children with disabilities. The CJEU did not exhaustively enumerate what constitutes reasonable accommodation but defined it generally as all adjustments to a person’s work environment that enable full and effective participation in professional life on an equal basis with other workers. Employers are not, however, required to adopt measures that would impose a disproportionate burden. Proportionality must be comprehensively assessed by the employer on a case-by-case basis.

Key Takeaways

The Italian courts must now decide the dispute in line with the CJEU’s guidance. The judgment is also relevant for German labor law, as CJEU rulings are binding. Employers may want to review existing policies governing working conditions for parents of children with disabilities.

The judgment also raises new legal questions, e.g., whether employers already owe similar obligations at the recruitment stage regarding parents of children with disabilities. The CJEU also left unanswered who qualifies as a “caregiver,” and whether, for example, life partners are included. There are strong reasons to favor a broad interpretation that encompasses all family caregivers.

In short, the CJEU remains consistent in strengthening employees’ rights against discrimination and in expanding employers’ duties. Employers that carefully assess how to support employees with disabled family members through adjusted working conditions will reduce legal risk and promote the reconciliation of work and family life.

Ogletree Deakins’ Berlin and Munich offices will continue to monitor developments and will post updates on the Cross-Border and Germany blogs as additional information becomes available.

Lena Beyer is an associate in Ogletree Deakins’ Berlin office.

Teodora E. Ghinoiu, a law clerk in Ogletree Deakins’ Berlin office, contributed to this article.

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