Las adicciones como causa de discriminación laboral por enfermedadLa complejidad sobre la obligación legal de los ajustes razonables

Abstract

It is a known reality that the comings and goings of the doctrine on illness as a cause of discrimination have been solved by Law 15/2022, of 12 July, on equal treatment and non-discrimination, which has profoundly changed the treatment of health in labour relations. In this sense, addiction is a health problem recognised as a disease, where working conditions can lead to its origin or aggravation, but also as a protective factor that can lead to the recovery of the sufferer's health. In any case, the workplace can become an environment in which stereotypes of people with addictions are reinforced, leading to discrimination as a direct consequence of the social stigma they experience and often leading to exclusion from the labour market, which, however, has received little attention. This paper aims to offer a theoretical-legal framework to solve the interpretative problems related to addictions as a real illness that can be affected by working conditions, and therefore, the obligation of its integral management by the company. All this, in order to guarantee the protection of the principles of personal dignity, equality and non-discrimination.