Yes, disabled employees are protected against discrimination in Venezuela pursuant to the Disable Person’s Law and the Organic Law on Prevention, Working Conditions, and the Work Environment. In fact, there is an express prohibition of discrimination by reason of incapacity.
The purpose of the Disabled Persons’ Law is to establish the rules according to which
In 2012, we referenced a case in which a complainant, terminated for breach of his employer’s drug and alcohol policy, failed to establish that the termination was discriminatory: 2012 AHRC 7. The policy at issue in the case distinguished between employees who had voluntarily disclosed addictions and those who were identified only after a
In the recent decision Besner v Deputy Minister of Human Resources and Skills Development the Public Service Staffing Tribunal (the “Tribunal”) held it was discriminatory to lay-off a disabled employee after she was selected by the retention and lay-off process (“SERLO”).
The complainant was an Administrative Co-ordinator with Human Resources and Skills Development Canada suffering
This post was contributed by Catrina Smith, Partner, Norton Rose Fulbright LLP (London)
The Advocate General’s opinion in a recent European case has raised speculation that severe obesity could be considered a protected characteristic under the UK Equality Act 2010 and as such an employee could claim disability discrimination on the grounds of their obesity.