The Portuguese legal scholars, physicians and NGOs have been protesting lately against a decision by the Portuguese Supreme Court which confirmed the redundancy of an HIV positive cook, claiming that it is both justified and non-discriminatory. Bruno Mestre, researcher at the European University Institute of Florence, gives us a commentary of this ruling, which enables us to point to the specificity of equality law in Portugal. (Ref. 080842)
Facts. The plaintiff, employed as a cook at a prestigious four star hotel in Lisbon, fell ill with tuberculosis and was put on a sick leave. When he returned, the social security’s medical services declared him able to return to work, but the management of the demanded that the plaintiff undergo further exams in order to evaluate his aptitude to return to work claiming that the hotel needed to be absolutely certain of his aptitude to perform his job, on account of the plaintiff’s manipulation of food.
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