Indirect discrimination and the Duty to Accommodate: Reframing the Boundaries of Directive 2000/78 in Bervidi and Pauni

This paper examines the Court of Justice of the European Union's 2025 preliminary rulings in Bervidi (C-38/24) and Pauni (C-5/24) which interpret the Directive 2000/78. Bervidi considers indirect discrimination by association and the disabled person's caregiver's right to reasonable accommodation at work. The Court confirms that the duty of reasonable accommodation may apply to workers when such accommodation is necessary to ensure the effective care of a disabled person. This aligns with the UNCRPD's broad conception of discrimination, which encompasses the denial of accommodation and aims to safeguard the right of person with disability who requires special care. In Pauni , the Court considers whether national legislation imposing uniform maximum sick-leave limits constitutes indirect discrimination against disabled workers or whether such rules may be based on legitimate aims. The Court emphasises that while there may be legitimate aim for such rules, dismissing a disabled worker without assessing reasonable accommodation constitutes discrimination. Bervidi and Pauni reaffirm reasonable accommodation as a cornerstone of EU equality law and demonstrate the practical effectiveness of non-discrimination principles in working life.