Legal Concepts to Increase Participation of People with Disabilities in the Workplace: An Analysis of Laws in Hungary and the United States through Lens of Inclusive Equality

Bedő, Renáta (2021) Legal Concepts to Increase Participation of People with Disabilities in the Workplace: An Analysis of Laws in Hungary and the United States through Lens of Inclusive Equality. MTA LAW WORKING PAPERS (11). pp. 1-15. ISSN 2064-4515

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Abstract

The core argument of the paper is that the concept of horizontal application of fundamental rights has significance in the assessment of reasonable accommodation. To substantiate the argument, the paper proceeds first to the introduction of the concept of inclusive equality, then it continues with the analysis of different legal frameworks and concepts used to address barriers to the labor market for people with disabilities in the United States of America and Hungary. By examining the horizontal application of fundamental rights, the obligations of equal treatment, reasonable accommodation, and positive actions, the paper argues for clear distinctions between the concepts in employment discrimination law. This paper proves that the concept of reasonable accommodation should be seen as a bridge between the human dignity of people with disabilities and their right to work in an inclusive workplace, which draws attention to the concept of horizontal application of fundamental rights.

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