Judgment_paragraph 48 · XX v Tartu Vangla (C-795/19)

48It should be recalled that, under Article 5 of Directive 2000/78, read in the light of recitals 20 and 21 thereof, employers are to take appropriate measures, where needed in a particular case, to enable a person with a disability to have access to, participate in, or advance in employment unless such measures would impose a disproportionate burden on the employer. Indeed, according to recital 16 of that directive, the provision of measures to accommodate the needs of disabled people at the workplace plays an important role in combating discrimination on grounds of disability. In that regard, the Court has held that the concept of ‘reasonable accommodation’ should be understood broadly as referring to the elimination of the various barriers that hinder the full and effective participation of persons with disabilities in professional life on an equal basis with other workers. Moreover, recital 20 contains, in that regard, a list of reasonable accommodation measures of a physical, organisational or educational nature, which is not exhaustive (see, to that effect, judgment of 11 April 2013, HK Danmark, C‑335/11 and C‑337/11, EU:C:2013:222, paragraphs 54 and 56).