The criteria for determining who is laid off must take into account the actual circumstances of people with disabilities, according to a decision by the Timiș Tribunal

In a recent decision, the Timiș Tribunal found that an employee with a severe disability, who was laid off as part of the reorganization of a public institution, was the victim of indirect discrimination. Specifically, the selection criteria applied by the employer, particularly “willingness to comply with management requests” and “internal mobility” (45 cumulative points), were apparently neutral but effectively excluded the claimant, who, due to the nature of her disability, could not earn points in these categories. With these points added, the employee would have exceeded the threshold required to continue her employment. The court also found a violation of the obligation to make reasonable accommodations in the workplace (i.e., Art. 83 of Law no. 448/2006), as the employer is required to assess the situation of persons with disabilities and provide a suitable position. The dismissal was overturned, with the court ordering the employee’s reinstatement to their previous position, along with the payment of full back pay until the reinstatement date.

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