Indirect Discrimination by Association: Protection for Caregivers 

Case C-38/24, G.L. v AB SpA., Judgment of the CJEU of 11 September 2025

KEY TAKEAWAY: Employers may be required to provide “reasonable accommodation” to employees who, although do not have a disability themselves, are parents of children with disabilities so that they can meet their caregiving responsibilities without the risk of being subject to indirect discrimination.

In Case C-38/24, a station operator repeatedly asked her employer to assign her permanently to a position with fixed working hours so she could care for her minor child who had extensive needs arising from disability. The employer only provided provisional adjustments, and later dismissed her in October 2022.

According to the CJEU, the Employment Equality Directive, read alongside the EU Charter of Fundamental Rights and the UN Disability Rights Convention, protects employees from indirect disability discrimination “by association”. This means that even if an employee does not have a disability, they cannot be disadvantaged at work because of the assistance they provide to their child with a disability, which allows that child to receive the primary care they need.

In order to ensure compliance with the principle of equal treatment and the prohibition of indirect discrimination under the Directive, employers must provide reasonable accommodation to employees who are caregivers of children with disabilities, unless doing so would create a disproportionate burden. Such accommodation may include shorter working hours or reassignment to another role.

This approach reflects the EU Charter’s recognition of both children’s right to protection and care necessary for their well-being and the rights of persons with disabilities to independence and inclusion in society and work. It also acknowledges that denying reasonable accommodation amounts to disability discrimination, children with disabilities must be able to fully enjoy their human rights, and families caring for them must receive appropriate support, under the Convention.

An employee must, therefore, be able to provide the necessary assistance to their child with a disability, and the employer is expected to adapt working conditions to make this possible. Without such obligation, the prohibition of indirect discrimination “by association” would lose much of its effectiveness.

These principles are applicable under Maltese law, and employers should accordingly take note and ensure that their policies, practices and decisions comply with the relevant legislation.