A Spanish employee fired due to her sickness was tempted to use the law on discrimination to obtain the cancellation of her dismissal. The Court rejected this demand, refusing to assimilate a sickness to a handicap. The concept of handicap is defined by the CJEC. (Ref. 06712)
Facts. Within the framework of a dispute over a dismissal, the CJEC had to interpret for the first time the provisions relating to handicap contained in directive 2000/78 on the fight against discriminations in employment. The latter notably prohibits dismissals linked to a handicap. Mrs. Chacon Navas, employee of a restaurant company, was on a sickness leave for 8 months. During this leave, she was laid off without cause and in accordance with the Spanish legislation, her employer paid a speci
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