Sensitive or controversial issues

• Author: Hoffmann, Tania
• Pages: 42-42

42

11 SENSITIVE OR CONTROVERSIAL ISSUES

11.1 Potential breaches of the directives at the national level

In Luxembourg, only people who have a 30 % disability and have been officially recognised

as such are entitled to claim the reasonable accommodation duty. The provision applies to

both private and public employers.

This might not be compatible with the CJEU’s approach to the definition of disability, which

seems broader and more flexible.

11.2 Other issues of concern

There is still very little case law on discrimination. Two possible explanations a re that

victims do not have the financial means to bring a case to court, and that many people are

unaware of anti-discrimination laws.

Since the end of 2018, the CET budget has been controlled by the Parliament.

Nevertheless, the main problem remains: the budget of the centre is very low, so its

possibilities for action are limited.

The CET does not have the ability to support victims in court or to submit claims to the

courts directly. In addition, it has no quasi-judicial powers and its recommendations are

not binding. For the past few years, the CET has asked the Government to enforce its

investigatory powers, as the centre has no power to force institutions, private persons or

employers to collaborate with its investigations. The fact that the CET does not have legal

standing might constitute a barrier to effective litigation.