Job quota for people with disabilities : An analysis of the interpretation made by the Superior Court of Justice of Cordoba
In 2019 the Superior Court of Justice of Córdoba (TSJ) ruled on the Labor Quota for Persons with Disabilities (art. 2, Law N° 5.624, modified by Law N° 8.834) on the basis of an appeal filed by the defendant (EPEC) against the sentence that gave rise to the protective action brought by the plaintiff...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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Centro de Investigaciones Jurídicas y Sociales - FD - UNC - CONICET
2022
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| Acceso en línea: | https://revistas.unc.edu.ar/index.php/anuariocijs/article/view/37564 |
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| Sumario: | In 2019 the Superior Court of Justice of Córdoba (TSJ) ruled on the Labor Quota for Persons with Disabilities (art. 2, Law N° 5.624, modified by Law N° 8.834) on the basis of an appeal filed by the defendant (EPEC) against the sentence that gave rise to the protective action brought by the plaintiff, a person with a disability who intends to be hired by the EPEC. The TSJ has unanimously and jointly resolved to partially accept the appeal, ordering it to be revoked while ordering that the actor be incorporated into the permanent staff of the company due to a job disability quota. However, the Supreme Court held that, within one year from the ruling, EPEC must regulate and implement a selection mechanism, in compliance with the work quota for disability established by Law 5624. In this article I propose to reconstruct the reasoning of the court from a conception of the interpretation of Dworkin, investigating the scope and meaning of the principle of equality thrown by the court and its application in the matter of disability. |
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