The concept of disability discrimination and its legal construction

The purpose of this paper is to examine the key issues surrounding the legal construction of the concept of discrimination based on disability. This paper examines these issues in the context of the European Community’s framework directive on equal treatment in employment and occupation , in order to highlight the particular needs which must be addressed in developing laws to combat such discrimination. Where relevant, the paper contrasts the approach necessary for disability based discrimination with the traditional approach in relation to sex and race discrimination. The paper therefore examines the following areas: (i) the purpose of enacting non-discrimination laws in the context of disability; (ii) the definition of ‘disability’ as a ground of discrimination; (iii) the concepts of direct and indirect discrimination; and (iv) the duty to provide reasonable accommodations.