Disabilità, malattia cronica, fragilità: il lavoro agile come accomodamento ragionevole

Abstract

This paper is intended to explore the potential of smart working as a reasonable accommodation, highlighting its implications in terms of fulfilment and remedy. Particular attention is then paid to the field of beneficiaries, unravelling the complex intertwining of disability and chronic illness caught up in the “rising” notion of fragility. In the light of this reconstructive framework, the perimeter of the employer’s obligations arising from the combined reading of anti-discrimination and prevention regulations is analysed. Finally, the role of collective autonomy is explored for the declination of smart working as an instrument of inclusion, prevention and (social) protection for disabled workers and their surroundings.