Discrimination within a group of workers with disabilities. Comment to Court of Justice of the European union,case C-16/19

Abstract

In January 2021, the Court of Justice of the European Union delivered a remarkable judgment regarding the rights of workers with disabilities. The case concerned a Polish employer who decided to grant a monthly allowance to workers with disabilities if such workers provided a disability certificate after a certain date. However, those workers who had submitted their certificates before the specified date, including VL, were not entitled to that allowance. As a result, VL brought an action against the employer before a Polish Court claiming that she had been discriminated against due to her disability. The aim of the following note is to raise awareness regarding some of the main points of the argumentative rhetoric of the Court of Justice.