Employers are required to provide reasonable accommodations to employees with disabilities so that they are not discriminated against compared to their colleagues. But what about the obligation to provide reasonable accommodations to employees who are parents of children with disabilities?
On September 11, 2025, the Court of Justice of the European Union issued a new ruling on anti-discrimination (C-38/24): employers who refuse to grant reasonable accommodations to employees who are parents of children with disabilities and who provide essential assistance to them run the risk of being convicted of discrimination. In Belgium, such a conviction can be costly: the lump sum compensation provided for by law is six months' gross salary.
Background to the ruling
The case concerned a railway station employee in Italy who repeatedly requested fixed working hours in order to care for her son, who had a severe disability and required a fixed care schedule. The employer initially granted these accommodations on a temporary basis but then refused to make them permanent. In the Court's view, this type of refusal may constitute indirect discrimination “by association”: the employee is not disabled herself, but she suffers unfavourable treatment at work due to her child's disability. Consequently, the Court confirmed that the employer's obligation to make reasonable accommodations to combat all forms of discrimination also extends to parents of children with disabilities.
What is meant by “reasonable accommodations”?
Reasonable accommodations can take various forms, and the Court of Justice of the European Union explains in its ruling that they are appropriate, effective, and practical measures aimed at adapting the workplace to the disability. This may include, for example:
- modifications to the premises (e.g., increased accessibility)
- adaptation of work equipment
- modification of work schedules or the distribution of tasks
- adapted training or supervision
- specific organization of working hours.
According to the Court, employers must adopt reasonable accommodations that allow their employees to provide the necessary assistance to their children with disabilities, provided that this does not constitute a disproportionate burden on the employer. In assessing whether the burden is disproportionate, the Court explains that financial and other costs, the size and financial resources of the employer, and the possibility of obtaining public funding or other assistance must be taken into account.
Important for Belgian employers
Under Belgian law, refusing to make reasonable accommodations for a person with a disability constitutes discrimination. This obligation to make reasonable accommodations also extends to parents of children with disabilities who provide them with essential assistance. When discrimination is proven, the employer faces a heavy penalty: six months' gross salary to be paid to the employee. The obligation to make reasonable accommodations has limitations. It is possible to validly refuse to make accommodations if they impose a disproportionate burden on the company. It will then be up to the employer to demonstrate the disproportionate nature of the accommodation requested.
In conclusion, Belgian employers will now have to consider requests for accommodation from parents of children with disabilities very carefully. Listening, dialogue, and seeking appropriate solutions will be the best ways to avoid litigation.
By Thierry DuquesnePartner | lawyer NautaDutilh and Zoé Harles Junior Associate | lawyer NautaDutilh NautaDutilh
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