The right to Work of Disabled Workers in France (French Report)

Abstract

The French disability and employment policy is based on two complementary pillars: the obligation for companies to ensure their workforce includes no less than 6% of disabled workers, and the prohibition of any direct or indirect discrimination on the grounds of disability. However, although the 2005 Act has certainly contributed to improving the labour market situation of disabled workers, disabled people continue to be exposed to the risk of exclusion from the labour market. In terms of discrimination, the concept of ‘reasonable accommodation’ has been transposed into French law. To date, there have been very few cases on this issue, and it is therefore not yet possible to analyse how judges may rule on this issue and, particularly, what may constitute a disproportionate burden for employers.