Europe’s highest court, The Court of Justice of the European Union, has just ruled that Italy has failed to fully extend to all disabled employees the necessary protections which the EU Council has held to be consistent with the U.N. Convention on the Rights of Persons with Disabilities.

In particular, in response to a lawsuit by regulators claiming that Italy has not “transpose[d] EU directives into national law,” the Court ruled that Italy must require employers to adopt “practical and effective measures” to guarantee workers with disabilities access, participation and the opportunity for advancement.

The Court concluded:   “Upon examining the various measures adopted by Italy for the integration of persons with disabilities into the labor force, the court finds that those measures, even when assessed as a whole, do not require all employers to adopt effective and practical measures, where needed in particular cases, for all persons with disabilities, covering different aspects of work and enabling them to have access to, participate in, or advance in employment, and to undergo training (emphasis added).”