France: The Employer’s Refusal to Provide Reasonable Accommodation can be Considered Discrimination

French law provides that an employer must provide reasonable accommodation to employees with disabilities, subject to such accommodation and related costs that are realistic and do not impose a disproportionate burden on the business.

In this case, an employee was seeking to have his dismissal declared null and void (rather than simply unfair) on the grounds that his employer did not consider his disability and, therefore, did not provide any reasonable accommodation. The French Supreme Court considered that discrimination requires the employer to have refused, even implicitly, to provide such accommodation, but the mere fact that the employee’s disability was not considered is not sufficient.

Key Action Points for Human Resources and In-House Counsel

Ensure that you have a policy on when and how to respond to requests for reasonable accommodation.