REASONABLE ACCOMMODATION FOR MENTAL DISORDERS: THE CASE OF PUBLIC SCHOOL HEADMASTERS

Abstract

This article examines the legal contours of disability-based discrimination in employment, with particular emphasis on the employer’s duty to provide reasonable accommodation under European and Czech law. It undertakes a doctrinal analysis of the relevant legal framework, drawing upon the jurisprudence of the Court of Justice of the European Union and the Supreme Court of the Czech Republic. The study subsequently narrows its focus to a specific institutional context—namely, the position of headmasters within public schools operating under the Czech regional education system. This focus is justified by the distinctive legal status of headmasters, who occupy a dual role vis-à-vis the employing legal entity and the school’s founding authority. The article seeks to determine whether Czech legislation clearly delineates the entity responsible for implementing reasonable accommodation in such cases. It further assesses the compatibility of the national legal framework with international and EU standards on non-discrimination and equal treatment. Particular attention is paid to the procedural and substantive dimensions of the accommodation obligation, including its scope, limits, and enforceability. The analysis also explores the potential forms that reasonable accommodation may take, considering the managerial and pedagogical functions of school headmasters. The article argues that the current legal regulation lacks sufficient clarity and may give rise to legal uncertainty and inconsistent application. It concludes by proposing interpretative and legislative recommendations aimed at enhancing legal certainty and ensuring effective protection of the rights of persons with disabilities in educational leadership roles.