Los ajustes razonables como medida de integración laboral de las personas con discapacidad

Résumé

Current regulations offer a concept of disability that emphasizes the social model, which emerged in the early 1970s in the United States and the United Kingdom, and that emphasizes external barriers of all kinds (social, labor, cultural, etc.) that prevent people with disabilities from fully enjoying their rights. This social model, based on the need for institutional co-responsibility in terms of adapting structures and society to people with disabilities, means abandoning the medical model, which attends to the deficiencies of people with disabilities, and which was in force until the 2006 International Convention on the Rights of Persons with Disabilities (CRPD). Various measures arise for labor insertion of workers with disabilities, such as incentives for hiring, or the need to comply with a certain reservation quota based on the number of workers in the company. But without a doubt, the legal instrument that best supports the employment of people with disabilities is the business obligation to adjust the job to the worker with disabilities so that they can carry out their work activity in the same conditions as the rest of the workers. It is here that many doubts arise about how to interpret the legislator’s notion of “reasonable adjustments”.